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A C I T - 19(3) Mathru Mandir Tardeo Road, Mumbai 400007 Vs. M/s. Vishal Diamonds 100A - Panchratna,Opera House, Mumbai 400004
September, 28th 2015
           IN THE INCOME TAX APPELLATE TRIBUNAL
                    "SMC" Bench, Mumbai

            Before Shri D. Manmohan, Vice President

                ITA Nos. 4543 & 4547/Mum/2015
               (Assessment Years: 2007-08 & 2011-12)

A C I T - 19(3)                  M/s. Vishal Diamonds
Mathru Mandir                Vs. 100A - Panchratna,
Tardeo Road, Mumbai 400007       Opera House, Mumbai 400004
                      PAN - AACFV0161D
           Appellant                      Respondent

                   Appellant by:  Shri Vishwas Jadhav
                   Respondent by: None

                   Date of Hearing:       24.09.2015
                   Date of Pronouncement: 24.09.2015

                              ORDER

Per D. Manmohan, V.P.

     These two appeals are filed at the instance of the Revenue and
they pertain to assessment years 2007-08 and 2011-12.




2.    None appeared on behalf of the assessee. The learned D.R.
submitted that the AO made an addition of `29,290/- in A.Y. 2007-08
and `1,22,096/- in A.Y. 2011-12 by estimating 20% of the purchase
as bogus and also disallowed the entire purchase cost whereas the
learned CIT(A) observed that the payments are made by account
payee cheques and therefore he directed the AO to disallow 12.5% of
the purchases made in respective years. The learned D.R. admitted
that the tax effect in each year is less than `1,00,000/-

3.    It is well settled, as per the CBDT Instruction No.5/2014 dated
10.07.2014, that the Revenue should not prefer an appeal if the tax
effect is below `4,00,000/- unless there are justifiable reasons which
are recorded in the authorisation memo. The learned D.R. admitted
that there is no such reason recorded in the instant case.
                                      2       ITA Nos. 4543 & 4347/Mum/2015
                                                         M/s. Vishal Diamonds

4.        Having regard to the circumstances of the case, I am of the
view that the appeals filed by the Revenue deserve to be dismissed
on the ground that the tax effect involved in each case is less than
`4,00,000/- and hence the appeals filed are in contravention to the
mandatory instruction issued by the CBDT, which is binding upon the
Revenue.




5.        In the result, appeals filed by the Revenue are dismissed.

Order pronounced in the open court on 24th September, 2015.

                                                      Sd/-
                                                (D. Manmohan)
                                                 Vice President

Mumbai, Dated: 24th September, 2015

Copy to:

     1.   The   Appellant
     2.   The   Respondent
     3.   The   CIT(A) ­ 29, Mumbai
     4.   The   CIT­ 18, Mumbai City
     5.   The   DR, "SMC" Bench, ITAT, Mumbai

                                                          By Order

//True Copy//
                                                  Assistant Registrar
                                          ITAT, Mumbai Benches, Mumbai

 
 
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