ASST. CIT 6(2)(2), Mumbai V. M/S EURO CUBIC CREATIONS PVT LTD., Mumbai

MA 121/MUM/2020

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 4453 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 28 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 26-03-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2010-2011
• Appeal Filed On: 28-02-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUNIL DESHPANDE
• Keywords: Tax effect
• Section: 43

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D B ENCH , MUMBAI BEFOR E: HON BL E JUSTICE P.P. BHATT, PRESIDENT & SHRI M.BALAGANESH, AM M.A. NO.121/ MUM/2020 (ARISING OUT OF I TA NO. 43 11 /MUM/ 2019 ( ASSESSMENT YEAR : 2010 - 11 ) & M.A.NO.122/MUM/2020 (AR I SING OUT OF ITA NO.4316/MUM/2019) (ASSESSMENT YEAR: 2009 - 10) ASST. CIT - 6(2)(2), R.NO.504, 5 TH FLOOR AAYAKAR BHA VAN MUMBAI 400 0 20 VS. M/S. EURO CUBIC CREATIONS PVT. LTD., 26/30, 1 ST FLOOR, POPULAR DHAN JI STREET MUMBAI 400 003 MAHARASHTRA PAN/GIR NO. AACCE1284H (APPELLANT ) .. (RESPONDENT ) REVENUE BY SHRI SUNIL DESHPANDE ASSESSEE BY NONE DATE OF HEARING 26 / 03 /202 1 DATE OF PRONO U NCEMENT 26 / 03 /202 1 / O R D E R PER M. BALAGANESH (A.M) : BY VIRTUE OF TH ESE MISCELLANEOUS A PPLICATIONS, THE REVENUE SEEKS TO RECALL THE ORDER PASSED BY THIS TRIBUNAL F OR A.YRS. 2009 - 10 AND 2010 - 11 ON 21/08/2019 WHEREIN THIS TR IBUNAL HAD DISMISSED THE APPEALS OF THE REVENUE BY FOLLO WING TH E CIRCUL AR ISSUED BY THE CBDT VIDE CIRCULAR NO.17/20 19 DAT ED 08/08/2019 ON THE GROUND THAT THE TAX EFFECT INVOLVED ON THE DISPUTED ISSUES WAS LESS THAN THE PRESCRIBED MONETARY LIMIT S AS PER THE AFORESAID CIRCULAR. M A NO S . 121 & 122 /MUM/ 2020 M/S. EURO CUBIC CREATI ONS PVT. LTD., 2 2. WE FIND THAT THE REVENUE IN ITS MISCELLANEOUS APPLICATION HAD SUBMITTED THAT ADDITIONS IN THE A SSESS MENT WERE MADE BASED ON THE INFORMATION RECEIVED FROM INVESTIGATION WING OF THE INCOME TAX DEPARTMENT AND THAT THE SAME FALLS UNDER THE EXCEPTION PROVIDED IN PAR A 10(E) OF THE CBDT CIRCULAR AND HENCE, THE APPEALS OF THE REVENUE CANNOT BE DISMISSED ON THE GROUND THAT THE TAX EFFEC T IS LESS THAN THE PRESC RIBED MONETARY LIMIT S. WE FIND THAT ON PERUSAL OF PAR A 10(E) OF THE CBDT CIRCULAR NO.3/ 20 18 DATED 11/07/2018 AND C IRCULAR NO.17/ 20 19 DATED 08/08/2019 THAT THE SAID PARA 10(E) ONLY SPEAKS ABOUT INFORMATIO N RECEIVED FROM EXTERNAL AGENCIES SUCH AS SALES TAX DEPARTMENT, SERIOUS FRAUD INV EST IGATION OFFICE, SEBI ETC., ADMITTEDLY, THE INFORMATION RECEIVED FROM INVESTIGATION WING OF INCOME TAX DEPARTMENT WOULD FALL ONLY WITHIN THE AMBIT OF INTERNAL SOURCE OF INFO RMATION. HENCE, IN OUR CONSIDERED OPINION, TH E SAID INTERNAL INFORMATION RECEI VED FROM INVESTIGATIO N WING OF INCOME TA X DEPARTMENT WOULD NOT FALL WITHIN THE EXCEPTION CLAUSE PROVIDED IN PARA 10(E) OF THE CBDT CIRCULAR. HENCE, WE HO LD THAT THE ORDER PASSED BY THIS TRIBUNAL DOES NOT WARRANT ANY RECTIFICATION U/S.254 (2) OF THE ACT. ACCORDINGLY, THE MISCELLANEOUS APPLICATIONS PREFERRED BY THE REVENUE ARE DISMISSED. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATIONS PREFERRED BY THE RE VENUE ARE DISMISSED. ORDER PRONOUNCE D ON 26 / 03 / 202 1 BY WAY OF PROPER M ENTIONING IN T HE NOTICE BOARD. SD/ - ( JUSTI CE P.P. BHATT ) SD/ - (M.BALAGANESH) PRESIDENT ACCOUNTANT MEMBER MUMBAI ; DATED 26 / 03 / 202 1 KARUNA , SR.PS M A NO S . 121 & 122 /MUM/ 2020 M/S. EURO CUBIC CREATI ONS PVT. LTD., 3 COPY OF THE O RDER FORWARDED TO : BY ORDER, ( ASSTT. REGIST RAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITA T, MUMBAI 6. GUARD FILE. //TRUE COPY//