INCOME TAX OFFICER 12(1)(1), MUMBAI V. ABODE BUILDERS AND DEVELOPERS PRIVATE LIMITED, MUMBAI

MA 114/MUM/2017

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6641 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 1 month(s) 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 02-05-2018
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 08-03-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SUMAN KUMAR
• Assessee Lawyers: RONAK GASWALLA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL 'A' BENCH, MUMBAI BEFORE SHRI R.C. SHARMA, ACCOUNTANT MEMBER AND SHRI RAVISH SOOD, JUDICIAL MEMBER MA NO. 114/MUM/2017 (ARISING OUT OR ITA NO. 1274/MUM/2012) (ASSESSMENT YEAR: 2008-09) INCOME TAX OFFICER - 12(1)(1) ROOM NO. 226, 2ND FLOOR AAYAKAR BHAVAN, M.K. ROAD MUMBAI 400 020 VS. M/S. ABODE BUILDERS & DEVELOPERS PVT. LTD. 14A, VEENA BEENA SHOLPPING CENTRE, BANDRA (W) MUMBAI 400050 PAN AADCA2191C APPLICANT RESPONDENT APPLICANT BY: SHRI SUMAN KUMAR RESPONDENT BY: SHRI RONAK GASWALLA DATE OF HEARING: 23.02.2018 DATE OF PRONOUNCEMENT: 02.05.2018 O R D E R PER R.C. SHARMA, AM THROUGH THIS MISCELLANEOUS APPLICATION REVENUE SEEK S TO RECALL THE ORDER OF THE TRIBUNAL DATED 26.10.2016 AS THE TAX E FFECT IS MORE THAN ` 10 LAKHS. 2. WE HAVE HEARD THE RIVAL CONTENTIONS AND CAREFULLY G ONE THROUGH THE MISCELLANEOUS PETITION AND FOUND THAT THE TRIBUNAL HAS DISMISSED THE APPEAL ON THE PLEA THAT TAX EFFECT WAS LESS THAN ` 10 LAKHS AND IN VIEW OF THE CBDT INSTRUCTION NO. 21/2015, APPEAL OF THE DEP ARTMENT DESERVES TO BE DISMISSED. WE FIND THAT IN A.Y. 2008-09 THE TAX EFFECT IS MORE THAN ` 10 LAKHS, THEREFORE NOT COVERED BY THE CBDT INSTRUCTIO N NO. 21/2015. MA NO. 114/MUM/2017 M/S. ABODE BUILDERS&DEVELOPERS PVT. LTD. 2 ACCORDINGLY WE RECALL THE ORDER AND THE REGISTRY IS DIRECTED TO FIX THE APPEAL FOR HEARING ON MERITS. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION OF RE VENUE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 2 ND MAY, 2018. SD/ - SD/ - (RAVISH SOOD) (R.C. SHARMA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 2 ND MAY, 2018 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) -19, MUMBAI 4. THE CIT - 9, MUMBAI 5. THE DR, A BENCH, ITAT, MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI N.P.