DCIT 26 (1) , MUMBAI V. M/S.PRIVI ASSOCIATES LLP, MUMBAI

MA 102/MUM/2021

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 8680 (ITAT-MUMBAI)
• Duration Of Justice: 3 month(s) 16 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 23-07-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 07-04-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL , C BENCH MUMBAI BEFORE : SHRI M.BALAGANESH, A CCOUNTANT M EMBER & SHRI RAVISH SOOD , JUDICIAL MEMBER MA NO.102/MUM/2021 (ARISING OUT OF ITA NO. 4136 /MUM/ 20 18 ( ASSESSMENT YEAR : 201 2 - 1 3 ) DY. COMMISS IONER OF INCOME TAX 26(1) ROOM NO.623, 6 TH FLOOR KAUTILYA BHAVAN G BLOCK, BANDRA KURLA COMPLEX, MUMBAI 400 051 VS. M/S. PRIVI ASSOCIATES LLP SATGURU SUPREME, MIRANI NAGAR, VALJI LADHA ROAD MULUND WEST MUMBAI 400 080 PAN/GIR NO. AALFP7561J (APPELL ANT ) .. (RESPONDENT ) REVENUE BY SHRI BHARAT ANDHALE ASSESSEE BY SHRI NIMESH VORA DATE OF HEARING 23 / 07 /202 1 DATE OF PRONOUNCEMENT 23 / 07 /202 1 / O R D E R PER M. BALAGANESH (A.M) : BY VIRTUE OF THIS MISCELLANEOUS APPLICATION, THE REVENUE SEEKS TO RECALL THE ORDER PASSED BY THIS TRIBUNAL IN ITA NO.4136/MUM/2018 DATED 29/01/2020. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE. WE HAVE HEARD THE LD. DR AND PERUSED THE MATERIALS AVAILABLE ON RECORD. M A NO . 102/MUM/2021 M/S. PRIVI ASSOCIATES LLP 2 3. WE FIND THAT THIS TRIBUNAL HAD QU ASHED RE - ASSESSMENT PROCEEDINGS ON THE GROUND THAT THE NOTICE U/S.148 WAS ISSUED BY THE LD. AO WHEN TIME LIMIT FOR ISSUANCE OF NOTICE U/S.143(2) OF THE ACT ON THE ORIGINAL RETURN FILED WAS AVAILABLE WITH THE REVENUE. ON PERUSAL OF THE ASSESSMENT ORDER, WE FIND THAT ONLY ADDITION MADE IN THE RE - ASSESSMENT PROCEEDINGS WAS MADE U/S.68 OF THE ACT IN THE SUM OF RS.50 LAKHS. WE FIND EVEN IF THIS MISCELLANEOUS APPLICATION OF THE REVENUE IS ALLOWED , ULTIMATELY, THE APPEAL OF THE REVENUE WOULD BE LIABLE TO BE DISMIS SED AS NOT MAINTAINABLE IN TERMS OF CIRCULAR NO.17/2019 DATED 08/08/2019 AS THE TAX EFFECT IN VIEW OF THE DISPUTED ADDITION WOULD BE LESS THAN THE MONETARY LIMIT PRESCRIBED. HENCE, THERE IS NO PURPOSE IN RECALLING THIS MISCELLANEOUS APPLICATION OF THE REVE NUE. WHEN THIS WAS PUT ACROSS BY THE BENCH TO THE LD. DR, HE FAIRLY AGREED FOR THE SAME. 4. IN THE RESULT, MISCELLANEOUS APPLICATION OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED ON 23 / 07 /202 1 BY WAY OF PROPER MENTIONING IN THE NOTICE BOARD. SD/ - ( RAVISH SOOD ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 23 / 07 / 2021 KARUNA , SR.PS M A NO . 102/MUM/2021 M/S. PRIVI ASSOCIATES LLP 3 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//