SADGURU MANAGEMENT CONSULTANCY P. LTD., MUMBAI V. D.C.I.T. - 15(3)(2), MUMBAI

CO 60/MUM/2019

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 4638 (ITAT-MUMBAI)
• Duration Of Justice: 9 month(s) 9 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 22-11-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 13-02-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: V VINOD KUMAR SR
• Assessee Lawyers: DHARAN V GANDHI
• Keywords: Tax effect
• Section: 147

Judgement Text

P A G E | 1 C.O. 60/MUM/2019 A.Y. 2010 - 11 (ARISING OUT OF ITA NO.6324/M/2017) AY. 2010 - 11 DCIT, CIRCLE - 15(3)(2) VS. SADGURU MANAGEMENT CONSULTANCY PVT. LTD. IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI BEFORE SHRI S. RIFAUR REHMAN, ACCOUNTANT MEMBER AND SHRI RAVISH SOOD , JUDICIAL MEMBER C.O. 60/MUM/2019 ITA NO.6324/MUM/2017 (ASSESSMENT YEAR: 2010 - 11 ) DCIT, CIRCLE - 15(3)(2) ROOM NO. 451, 4 TH FLOOR, AAYAKAR BHAVAN, MAHARSHI KARVE ROAD, MUMBAI, MAHARASHTRA 400020 VS. SADGURU MANAGEMENT C ONSULTANCY PVT. LTD. (CONVERTED TO SADGURU MANAGEMENT CONSULTANCY LLP) OFFICE NO. 1508, CYBER ONE, PLOT NO. 4 & 6, SECTOR 30A, VASHI, NAVI MUMBAI, MAHARASHTRA 400703 PAN AAMCS1626F (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI DHARAN V. GANDHI, ADVOCATE RESPONDENT BY: SHRI V. VINOD KUMAR, SR. A.R DATE OF HEARING: 21 .11.2019 DATE OF PRONOUNCEMENT: 2 2 .11.2019 O R D E R PER RAVISH SOOD, JM THE CAPTIONED CROSS OBJECTION FILED BY THE ASSESSEE ARISES OUT OF THE APPEAL FILED BY THE REVENUE IN ITA NO.6324/MUM/2017. THE ASSESSEE HA S OBJECTED TO THE ORDER PASSED BY THE CIT(A) ON THE FOLLOWING GROUNDS : ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW, THE LEARNED CIT(A) ERRED IN UPHOLDING THE ACTION OF THE LEARNED AO IN REOPENING THE ASSE SS MENT OF THE APPELLANT U/S 147 OF THE I NCOME TAX ACT. 2. THE LD. AUTHORIZED REPRESENTATIVE (FOR SHORT A.R) FOR THE ASSESSEE AT THE VERY OUTSET OF THE HEARING SUBMITTED , THAT AS THE APPEAL OF THE REVENUE I.E ITA NO.6324/MUM/2017 HAD BEEN DISMISSED BY THE TRIBUNAL ON ACCOUNT OF LOW TAX EFFECT THEREIN INVOLVED IN TERMS OF CBDT CIRCULAR NO. 17/2019 DATED 08.08.2019 , THEREFORE, AS INSTRUCTED THE AFORESAID CROSS - OBJECTION IS WITHDRAWN AS HAVING BEEN RENDERED AS INFRU CTUOUS. P A G E | 2 C.O. 60/MUM/2019 A.Y. 2010 - 11 (ARISING OUT OF ITA NO.6324/M/2017) AY. 2010 - 11 DCIT, CIRCLE - 15(3)(2) VS. SADGURU MANAGEMENT CONSULTANCY PVT. LTD. 3. PER CONTRA, THE LD. DEPARTMENTAL REPRESENTATIVE (FOR SHORT D.R) DID NOT OBJECT TO THE SEEKING OF WITHDRAWAL OF THE AFORESAID CROSS - OBJECTION BY THE ASSESSEE. 4. WE HAVE HEARD THE AUTHORIZED REPRESENTATIVES FOR BOTH THE PARTIES, AND IN THE BACKDROP OF THE AFORESAID CONCESSION OF THE LD. A.R, THEREIN PERMIT THE WITHDRAWAL OF THE AFORESAID CROSS OBJECTION. ACCORDINGLY, THE CROSS OBJECTION FILED BY THE ASSESSEE IS DISMISSED AS HAVING BEEN RENDERED AS INFRUCTUOUS. ORDER PRONOUNCED IN THE OPEN CO URT ON 2 2 . 11.2019 S D / - S D / - ( S.RIFAUR REHMAN ) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; 22 .11 .2019 PS. ROHIT / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE . //TRUE COPY// / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI