ITO 3 (3)(3), MUMBAI V. STRUCTARCH DEVELOPERS PVT. LTD., MUMBAI

MA 101/MUM/2020

• Counselvise Citation: [NaN] 107 COUNSELVISE.COM (IT) 1921 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 month(s) 7 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 03-12-2021
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2007-2008
• Appeal Filed On: 26-02-2020
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Assessee Lawyers: A K TIBREWAL
• Section: 32; 147; 131; 68; 246; 69; 145; 27; 148; 54; 37; 6; 56; 263; 63; 132; 12; 28; 144; 10; 90; 154; 2; 11; 15; 271(1)(b); 139; 92

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, ‘D‘ BENCH MUMBAI BEFORE: SHRI M.BALAGANESH, ACCOUNTANT MEMBER & SHRI KULDIP SINGH, JUDICIAL MEMBER M.A.No.101/Mum/2020 (Arising out of ITA No.1158/Mum/2019 (Asse ssment Year :2007-08) M.A.No.102/Mum/2020 (Arising out of ITA No.1160/Mum/2019 (Asse ssment Year :2009-10) M.A.No.103/Mum/2020 (Arising out of ITA No.1159/Mum/2019 (Asse ssment Year :2008-09) & M.A.No.104/Mum/2020 (Arising out of ITA No.1157/Mum/2019 (Asse ssment Year :2006-07) ITO-3(3)(3) Room No.672, 6 th Floor Aayakar Bhavan M.K.Road, Mumbai – 400 020 Vs. M/s. Structarch Developers Pvt. Ltd., 415, Raheja Chambers Nariman Point Mumbai – 400 021 PAN/GIR No.AAECS3019A (Appellant) .. (Respondent) Revenue by Shri Milind Chavan Assessee by Shri A K Tibrewal Date of Hearing 28/01/2022 Date of Pronouncement 09/05/2022 MA No. 101/Mum/2020 and other appeals M/s. Structarch Developers Pvt. Ltd., 2 आदेश / O R D E R PER M. BALAGANESH (A.M): By virtue of these Miscellaneous Applications, the Revenue seeks to recall the consolidated order passed by this Tribunal on 21/08/2019 dismissing the appeals of the Revenue on the ground of low tax effect. Before us, the ld. DR pleaded that based on external information received from CBI in the instant case, certain additions were made in the hands of the assessee, Hence, this falls in the exception provided in para 10 of the CBDT Circular. 2. Per contra, the ld. AR vehemently argued that there was no search conducted by the CBI on the assessee company and that the CBI search happened only in the case of Mr. Harsh Dalmia. He also drew our attention to para 2 of the assessment order wherein these facts are recorded. Accordingly, he pleaded that since there was absolutely no search by CBI in the hands of the assessee company, even though the assessments were reopened for the assessee company, the same would not tantamount to reopening based on external information received. Ultimately, the assessments were reopened only based on information received from Investigation Wing. The ld. DR was not able to rebut the arguments of the ld. AR in this regard. Hence, we hold that the information was received only from internal sources and not external sources. Hence, the same does not fall under the exceptions provided in para 10 of the CBDT Circular. Accordingly, no error could be attributed in the order passed by this Tribunal for all the assessment years under consideration dismissing the appeals of the Revenue on the ground of low tax effect. MA No. 101/Mum/2020 and other appeals M/s. Structarch Developers Pvt. Ltd., 3 3. In the result, Miscellaneous Applications of the Revenue are dismissed. Order pronounced on 09/05/2022 by way of proper mentioning in the notice board. Sd/- (KULDIP SINGH) Sd/- (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated 09/05/2022 KARUNA, sr.ps Copy of the Order forwarded to : BY ORDER, (Asstt. Registrar) ITAT, Mumbai 1. The Appellant 2. The Respondent. 3. The CIT(A), Mumbai. 4. CIT 5. DR, ITAT, Mumbai 6. Guard file. //True Copy//