DCIT, 4(2)(1), MUMBAI V. GANPAT SINGHVI, MUMBAI

MA 108/MUM/2020

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 6499 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 4 month(s) 24 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-07-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2007-2008
• Appeal Filed On: 26-02-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 6

Judgement Text

MA NO 108/MUM/2020 ARISING OUT OF ITA NO. 707/MUM/2019 ASSESSMENT YEAR: 2007 - 08 PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI 'D' BENCH, MUMBAI [CORAM: JUSTICE P.P. BHATT (PRESIDENT), AND PRAMOD KUMAR (VICE PRESIDENT)] MA NO 108/MUM/2020 ARISING OUT OF ITA NO. 707/MUM/2019 ASSESSMENT YEAR: 2007 - 08 DEPUTY COMMISSIONER OF INCOME TAX .APPLICANT CENTRAL CIRCLE 4(2)(1) MUMBAI VS. MR. GANPAT SINGHVI RESPONDENT C/O KARNAVAT & CO., 24 KITAB MAHAL, 1 ST FLOOR, 192, DR. D NAOROJI ROAD MUMBAI 400001 [PAN: BHMPS6673K] APPEARANCES BY SUN IL DESHPANDE FOR THE APPLICANT A.K GHOSH FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING: : JULY 13, 2021 DATE OF PRO NOUNCEMENT OF ORDER : JULY 20 , 2021 ORDER PER BENCH : 1. BY WAY OF THIS APPLICATION, THE APPLICANT ASSESSING OFFICER SEEKS TO RECALL OF OUR ORDER DATED 21.08.2019, SUMMARILY DISMISSING THE APPEAL ON ACCOUNT OF LOW TAX EFFECT, ON THE GROUND THAT THE ISSUE INVOLVED IN THE PRESENT APPEAL PERTAINS TO FOREIGN BANK ACCOUNT AND THEREFORE IT IS COVERED BY EXCEPTION SET OUT IN PARA 10 (D) OF CBDT CIRCULAR NO. DATED 11.07.2018 . 2. LEARNED COUNSEL FOR THE ASSESSEE FAIRLY ACCEPTED THE ERROR POINTED OUT IN THE MISCELLANEOUS APPLICATION, HE THEREFORE SUBMITTED THAT ALL THE FAIRNESS THE ORDER IS TO BE RECALLED AND MATTER IS TO FIX FOR HEARING ON MERITS. IN VIEW OF THE DISCUSSIONS AND BEARING IN MIND AND ENTIRETY OF CASE WE DEEM IT FIT AND PROPER TO RECALL THE IMPUGNED ORDER THE REGISTRY TO DIRECT TO FIX THE MATTER OF HEARING ON MERITS. MA NO 108/MUM/2020 ARISING OUT OF ITA NO. 707/MUM/2019 ASSESSMENT YEAR: 2007 - 08 PAGE 2 OF 3 3 . IN THE RESULT, THIS MISCELLANEOUS APPLICATION IS ALLOWED . PRONOUNCED IN THE OPEN COURT TODAY ON THE 20 TH DAY OF JULY , 202 1. SD/ - SD/ - JUSTICE P.P. BHATT PRAMOD KUMAR (PRESIDENT) (VICE PRESIDENT) MUMBAI, DATED THE 20 TH JULY , 2021 COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER TRUE COPY ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, MUMBAI MA NO 108/MUM/2020 ARISING OUT OF ITA NO. 707/MUM/2019 ASSESSMENT YEAR: 2007 - 08 PAGE 3 OF 3 SR. NO DESCRIPTION DATE INITIAL 1. DRAFT DICTATED 2 DRAFT PLACED BEFORE AUTHOR ON 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER 5 APPROVED DRAFT COMES TO THE SR PS 6 KEPT FOR PRONOUNCEMENT ON 7 FILE SENT TO THE BENCH CLERK 8 DATE ON WHICH FILE GOES TO THE HEAD CLERK 9 DATE ON WHICH FILE GOES TO THE AR 10 DATE OF DISPATCH