INCOME TAX OFFFICER, MUMBAI V. VAISHALI KEDAR RUPAREL, MUMBAI

MA 70/MUM/2025

AI Insights

The case involves a Miscellaneous Application filed by the Revenue seeking recall of an earlier order dismissing their appeal due to the tax effect being below the monetary limit set by the CBDT Circular. The original appeal by the Revenue was dismissed by the Tribunal as the tax effect was Rs. 48,71,345, which is below the Rs. 50 lakh threshold. The Tribunal had previously granted the Revenue the liberty to seek recall if the appeal fell under any exceptions of the Circular. However, in the present application, the Revenue failed to establish that their case met any of these exceptions.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 783280 (ITAT-MUMBAI)
• Duration Of Justice: 7 month(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 03-11-2025
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2014-2015
• Appeal Filed On: 18-03-2025
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRAVIN SALUNKHE
• Assessee Lawyers: JAYRAMAN P P
• Keywords: Tax effect

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL “F” BENCH, MUMBAI BEFORE SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER SHRI SANDEEP SINGH KARHAIL, JUDICIAL MEMBER MA No.70/MUM/2025 (Arising out of ITA No.1292/MUM/2024) (Assessment Year : 2014–15) Income Tax Officer – 20(3)(1), Room No.306, Piramal Chambers Parel, Mumbai - 400012 ……………. Applicant (Original Appellant) v/s Vaishali Kedar Ruparel, 1st Floor, Sugar House, 93/95 Kazi Sayed Street, Masjid, Mumbai - 400003, PAN : CIYPS 8575C …………….Respondent (Original Respondent) Assessee by : Shri Jayraman P P Revenue by : Shri Pravin Salunkhe, Sr. DR Date of Hearing – 31/10/2025 Date of Order – 03/11/2025 O R D E R PER SANDEEP SINGH KARHAIL, J.M. The Revenue has filed the present Miscellaneous Application under section 254(2) of the Income Tax Act, 1961 (“the Act”), seeking recall of the order dated 18/06/2024 passed by the coordinate bench of the Tribunal in the Revenue’s appeal being ITA No.1292/Mum/2024, for the assessment year 2014-15. 2. From the perusal of the aforesaid order passed by the coordinate bench of the Tribunal, we find that the appeal filed by the Revenue was dismissed as Printed from counselvise.com MA No.70/MUM/2025 (A.Ys. 2014-15) 2 the tax effect relating to the grounds of appeal raised by the Revenue was below the monetary limit of Rs.50 lakh as per the CBDT Circular No.5 of 2024 dated 15.03.2024. Further, the Revenue was granted the liberty to seek the recall of the order if, at a later point in time, it is found that the appeal falls under any of the exceptions provided under the aforementioned Circular issued by the CBDT. 3. Neither in the present Miscellaneous Application filed by the Revenue nor during the hearing has it been pointed out that the Revenue’s appeal falls under any of the exceptions provided in the Circular. Further, there is also no dispute regarding the fact that the tax effect relating to the grounds of appeal raised by the Revenue is Rs.48,71,345/-, which is below the monetary limit of Rs.50 lakh provided in the aforementioned Circular issued by the CBDT. Therefore, having considered the submissions of both sides and perused the material available on record, we do not find any merit in the present Miscellaneous Application filed by the Revenue, and accordingly, the same is dismissed. 4. In the result, the present Miscellaneous Application by the Revenue is dismissed. Order pronounced in the open Court on 03/11/2025 Sd/- VIKRAM SINGH YADAV ACCOUNTANT MEMBER Sd/- SANDEEP SINGH KARHAIL JUDICIAL MEMBER MUMBAI, DATED: 03/11/2025 Prabhat Printed from counselvise.com MA No.70/MUM/2025 (A.Ys. 2014-15) 3 Copy of the order forwarded to: (1) The Assessee; (2) The Revenue; (3) The PCIT / CIT (Judicial); (4) The DR, ITAT, Mumbai; and (5) Guard file. Copy By Order Assistant Registrar ITAT, Mumbai Printed from counselvise.com "