SUN METALLICS & ALLOYS PRIVATE LIMITED, MUMBAI V. DEPUTY COMMISSIONER OF INCOME TAX 13(2)(2), MUMBAI

CO 364/MUM/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 5089 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 29 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 29-09-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2011-2012
• Appeal Filed On: 31-12-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: V VINOD KUMAR
• Assessee Lawyers: DR K SHIVARAM
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH G, MUMBAI BEFORE SHRI RAJESH KUMAR, ACCOUNTANT MEMBER AND SHRI AMARJIT SINGH, JUDICIAL MEMBER CO.364/M/2018 (ARISING OUT OF ITA NO.226/M/2018) ASSESSMENT YEAR: 2011-12 M/S. SUN METALLICS & ALLOYS PVT. LTD., 106-107, NEHA INDUSTRIAL ESTATE, BEHIND CCI LTD., OFF DATTAPADA ROAD, BORIVALI (EAST), MUMBAI PAN: AAPCS 2702P VS. DCIT 13(2)(2), ROOM NO.146, 1 ST FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI - 400020 (APPELLANT) (RESPONDENT) PRESENT FOR: ASSESSEE BY : DR. K. SHIVARAM, A.R. REVENUE BY : SHRI V. VINOD KUMAR, D.R. DATE OF HEARING : 24.09.2020 DATE OF PRONOUNCEMENT : 25.09.2020 O R D E R PER RAJESH KUMAR, ACCOUNTANT MEMBER: THE PRESENT CROSS OBJECTION HAS BEEN PREFERRED BY THE ASSESSEE ARISING OUT OF ITA NO.226/M/2018 FOR A.Y. 2011-12 THE APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX(APPEALS). 2. AT THE OUTSET, THE LD. COUNSEL OF THE ASSESSEE POINTED OUT THAT THIS CROSS OBJECTION HAS BEEN MOVED IN AN APPEAL IN ITA NO.226/M/2018 FILED BY THE REVENUE WHICH HAS BEEN DISMISSED BY THE TRIBUNAL FOR LOW TAX EFFECT. THE LD. A.R., THEREFORE, CO.364/M/2018 (ARISING OUT OF ITA NO.226/M/2018) M/S. SUN METALLICS & ALLOYS PVT. LTD. 2 SUBMITTED BEFORE THE BENCH THAT THIS HAS BECOME INFRUCTUOUS AND MAY KINDLY BE DISMISSED. 3. THE LD. D.R., ON THE OTHER HAND, FAIRLY AGREED TO THE ARGUMENTS OF THE LD. A.R. 4. IN VIEW OF THE RIVAL SUBMISSIONS AND PERUSING THE RECORDS BEFORE US, WE FIND THAT THE CO HAS BECOME INFRUCTUOUS IN VIEW OF THE DISMISSAL OF APPEAL OF THE REVENUE IN ITA NO.226/M/2018. 5. IN THE RESULT, THE CROSS OBJECTION OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 25.09.2020. SD/- SD/- ( AMARJIT SINGH) (RAJESH KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 25.09.2020. * KISHORE, SR. P.S. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT (A) CONCERNED, MUMBAI THE DR CONCERNED BENCH //TRUE COPY// [ BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.