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The DCIT-CC-39 Room No.32(1), Ground Floor Aayakar Bhavan M.K. Road Mumbai- 400 020. Vs. M/s. Valiant Glass Works Pvt. Ltd. 384, M. Dabholkarwadi 5th Flr., Kalbadevi Rd. Mumbai-400 002.
December, 03rd 2014
 [^  ,     ,  ,                           ¢

        Before Shri Joginder Singh, Judicial Member
        And Shri Sanjay Arora, Accountant Member

         ITA NO.1778/Mum/2011 (AY: 2002-03)

The DCIT-CC-39                    M/s. Valiant Glass Works
Room No.32(1), Ground          Pvt. Ltd.
Floor                             384, M. Dabholkarwadi
Aayakar Bhavan                    5th Flr., Kalbadevi Rd.
M.K. Road                         Mumbai-400 002.
Mumbai- 400 020.
    ( /Appellant)                          (×/Respondent)
                                         PA No.AAACV 1224 E
    /Appellant by                 :    Shri Rajesh Ranjan Prasad
×    /Respondent by :                 None
   /                                     /
Date of Hearing : 01/12/2014          Date of Pronouncement :

                         / O R D E R

          This appeal by the Revenue against the impugned
order dt. 6/12/2010 of the        ld. First Appellate Authority,
Mumbai on the ground whether the ld. Commissioner of Income
tax (Appeals) was justified in holding that the provisions of sec.
234D of the Income tax Act, 1961, inserted w.e.f. 01/6/2003
were applicable from Assessment Year 2004-05, ignoring the
                                2                ITA NO.1778/MUM/2011
                                            Valiant Glass Works Pvt. Ltd.

decision in CIT vs. Kerala Chemicals & Proteins Ltd. (2010) 323
ITR 584.

2.         At the time of hearing nobody was present for the
assessee whereas Shri Rajesh Ranjan Prasad ­Ld. CIT-DR,
defended the conclusion arrived at in the assessment order by
advancing his argument which are identical to the ground raised.

2.1        We find that registered A.D. notice was issued and
served upon the assessee, inspite of that the assessee did not
turn up, therefore, we have no option but to proceed ex-parte,
qua the assessee and dispose of this appeal on the basis of
material available on record. The Bench asked the ld. CIT-DR
regarding involvement of tax effect in the appeal filed by the
Department. The ld. CIT-DR fairly agreed that the tax effect is
below prescribed limit.

2.2        We have considered the submissions made by the ld.
CIT-DR and perused the material available on record. We have
also gone through the CBDT Instruction No.5/2014 dated
10/7/2014 issued on 10/7/2014 F.No.279/Misc.142/2007-
IT(PT) wherein the monetary limit for filing the appeal before the
Tribunal is Rs.4.00 lacs, u/s. 260A, before the Hon'ble High
Court Rs.10.00 lacs and before the Hon'ble Apex Court the limit
is Rs.25.00 lacs. Uncontrovertedly the monetary limit in the
present appeal is below the prescribed limit, because the only
ground raised before this Tribunal is with respect to Section
234D of the Income tax Act, 1961, and no ground has been
raised with respect to other relief like DEPB, while computing the
                                3                  ITA NO.1778/MUM/2011
                                              Valiant Glass Works Pvt. Ltd.

deduction u/s. 80HHC, consequently, without going into much
deliberation and confining our-self to the addition oozing out of
ground raised before us, the appeal of the Revenue is not
maintainable, therefore, dismissed as such.

3.        Finally, the appeal of the Revenue is dismissed.

     Order pronounced in the open court in the presence of
ld. CIT-DR at the conclusion of the hearing on 1st Day of
December, 2014 .


                Sd/-                                    Sd/-
          (Sanjay Arora)                       (Joginder Singh)
 Mumbai;  Dated : 1st Dec., 2014.
../JV, Sr. PS.
    /       Copy of the Order forwarded to :
1.  / The Appellant
2. × / The Respondent.
3.  () / The CIT, Mumbai.
4.   / CIT(A)-13, Mumbai
5.  ,   ,
      / DR, ITAT, Mumbai
6. [  / Guard file.
                                          / BY ORDER,
          ×  //True Copy//

                        /  (Dy./Asstt. Registrar)
                    ,  / ITAT, Mumbai.
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