ACIT-6(1)(2), MUMBAI V. M/S.BENZO CHEM INDUSTRIES PRIVATE LIMITED, MUMBAI

MA 106/MUM/2020

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 4456 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 1 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 26-03-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 26-02-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIJAY KUMAR MENON
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH , MUMBAI BEFOR E: HONBLE JUSTICE P.P. BHATT, PRESIDENT & SHRI M.BALAGANESH, AM M.A. NO. 106 /MUM/2020 (ARISING OUT OF ITA NO. 4195 /MUM/ 2019 ( ASSESSMENT YEAR : 2014 - 15 ) ACIT - 6(1)(1) ROOM NO.506, B, 5 TH FLOOR AAYAKAR BHAVAN M.K.ROAD, CHURCHGATE MUMBAI 400 020 VS. M/S. BENZO CHEM INDUSTRIES PVT. LTD., GROUND FLOOR, MADHUKUNJ OFF. SAYANI ROAD, SHANKAR GHANEKAR MARG PRABHADEVI, MUMBAI - 400025 PAN/GIR NO. AAACB3369G (APPELLANT ) .. (RESPONDENT ) RE VENUE BY SHRI VIJAYKUMAR MENON ASSESSEE BY NONE DATE OF HEARING 26 / 03 /202 1 DATE OF PRONOUNCEMENT 26 / 03/ 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 PAS SED BY THIS TRIBUNAL FOR A.Y. 20 14 - 15 ON 21/08/2019 WHEREIN THIS TRIBUNAL HAD DISMISSED THE APPEAL OF THE REVENUE BY FOLLOWING THE CIRCULAR ISSUED BY THE CBDT VIDE CIRCULAR NO.17/2019 DATED 08/08/2019 ON THE GROUND THAT THE TAX EFFECT INVOLVED ON THE DISPU TED ISSUES WAS LESS THAN THE PRESCRIBED MONETARY LIMITS AS PER THE AFORESAID CIRCULAR. M A NO . 106 /MUM/ 2020 M/S. BENZO CHEM INDUSTRIES PVT. LTD., 2 2. WE FIND THAT THE REVENUE IN ITS MISCELLANEOUS APPLICATION HAD SUBMITTED THAT ADDITIONS IN THE ASSESSMENT WERE MADE BASED ON THE INFORMATION RECEIVED FROM INVESTIGAT ION WING OF THE INCOME TAX DEPARTMENT AND THAT THE SAME FALLS UNDER THE EXCEPTION PROVIDED IN PARA 10(E) OF THE CBDT CIRCULAR AND HENCE, THE APPEAL OF THE REVENUE CANNOT BE DISMISSED ON THE GROUND THAT THE TAX EFFECT IS LESS THAN THE PRESCRIBED MONETARY LI MITS. WE FIND THAT ON PERUSAL OF THE PARA 10(E) OF THE CBDT CIRCULAR NO.3/ 20 18 DATED 11/07/2018 AND CIRCULAR NO.17/ 20 19 DATED 08/08/2019 THAT THE SAID PARA 10(E) ONLY SPEAKS ABOUT INFORMATION RECEIVED FROM EXTERNAL AGENCIES SUCH AS SALES TAX DEPARTMENT, SE RIOUS FRAUD INVESTIGATION OFFICE, SEBI ETC., ADMITTEDLY, THE INFORMATION RECEIVED FROM INVESTIGATION WING OF INCOME TAX DEPARTMENT WOULD FALL ONLY WITHIN THE AMBIT OF INTERNAL SOURCE OF INFORMATION. HENCE, IN OUR CONSIDERED OPINION, THE SAID INTERNAL INFOR MATION RECEIVED FROM INVESTIGATION WING OF INCOME TAX DEPARTMENT WOULD NOT FALL WITHIN THE EXCEPTION CLAUSE PROVIDED IN PARA 10(E) OF THE CBDT CIRCULAR. HENCE, WE HOLD THAT THE ORDER PASSED BY THIS TRIBUNAL DOES NOT WARRANT ANY RECTIFICATION U/S.254(2) OF THE ACT. ACCORDINGLY, THE MISCELLANEOUS APPLICATION PREFERRED BY THE REVENUE IS DISMISSED. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION PREFERRED BY THE REVENUE IS DISMISSED. O RDER PRONOUNCED ON 26 / 03 /202 1 BY WAY OF PROPER MENTIONING IN THE NOTICE BOARD. SD/ - ( JUSTICE P.P. BHATT ) SD/ - (M.BALAGANESH) PRESIDENT ACCOUNTANT MEMBER MUMBAI ; DATED 26 / 03 / 202 1 M A NO . 106 /MUM/ 2020 M/S. BENZO CHEM INDUSTRIES PVT. LTD., 3 KARUNA , SR.PS COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) IT AT, MUMBAI 1. THE APPELLANT 2. T HE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//