Commissioner Of Income Tax – 9, Mumbai v. M/S.jas Trading Private Limited
High Court
30 Oct 2012 In favour of: Assessee
Forum / Bench
High Court · newos
Parties
Commissioner Of Income Tax – 9, Mumbai v. M/S.jas Trading Private Limited
Date of order
30 Oct 2012
Assessment year(s)
—
Outcome
Dismissed
The order — as passed by the High Court
Case summary
In Commissioner Of Income Tax – 9, Mumbai v. M/S.jas Trading Private Limited, the High Court (2012) dismissed the appeal. The decision went in favour of the assessee.
Issue: DATE : 30[th] October 2012 P.C. : 1.Whether the Income Tax Appellate Tribunal was justified in dismissing the appeal filed by the Revenue on the ground that the tax effect is less than Rs.3,00,000/- is the question raised in this appeal.
Decision: 3.The appeal is accordingly dismissed with no order as to costs.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
Sections referenced in this judgment
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL (L) NO.1215 OF 2012
Commissioner of Income Tax – 9, Mumbai..Appellant.
Versus
M/s.Jas Trading Private Limited
..Respondent.
Mr.Arvind Pinto for the appellant.Ms.Aasifa Khan for the respondent.
CORAM : J.P. Devadhar &M.S. Sanklecha, JJ.
DATE : 30[th] October 2012
P.C. :
1.Whether the Income Tax Appellate Tribunal was justified in dismissing the appeal filed by the Revenue on the ground that the tax effect is less than Rs.3,00,000/- is the question raised in this appeal.
2.Whether the tax effect involved is less than Rs.3,00,000/- or not is a finding of fact. Since the Income Tax Appellate Tribunal has given a finding that the tax effect involved is less than Rs.3 lakhs, the said decision cannot be said to give rise to any substantial question of law so as to entertain the appeal filed under Section 260A of the Income Tax Act, 1961.
3.The appeal is accordingly dismissed with no order as to costs.
(M.S. Sanklecha, J.)
(J.P. Devadhar, J.)
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