DCIT 1(3)(2), MUMBAI V. THE WEST COAST PAPER MILLS LTD, MUMBAI

MA 121/MUM/2021

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 9359 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 7 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-10-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2012-2013
• Appeal Filed On: 30-05-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “G”, MUMBAI BEFORE SHRI RAJESH KUMAR, ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER MA No.121/M/2021 (Arising out of ITA No.6588/M/2016) Assessment Year: 2012-13 DCIT 1(3)(2), Room No.540, 5th Floor, Aayakar Bhavan, M.K. Road, Mumbai - 400020 Vs. M/s. The West Coast Paper Mills Ltd., 3rd Floor, Shreeniwas House, Hazarimal Somani Marg, Fort, Mumbai – 400 001 PAN: AAACT4179N (Appellant) (Respondent) Present for: Assessee by : Shri Alpesh Dhavod, A.R. Revenue by : Shri T.S. Khalsa, Sr. D.R. Date of Hearing : 06.08.2021 Date of Pronouncement : 08.10.2021 O R D E R Per Rajesh Kumar, Accountant Member: By virtue of this miscellaneous application the Revenue seeks the rectification of the order dated 30.09.2019 passed by the coordinate bench in ITA No.6588/M/2016 for A.Y. 2012-13 on the ground that the said order contains apparent mistakes which render the said order liable to be recalled within the meaning of section 254(2) of the Act. 2. The Ld. A.R. submitted before the Bench that the impugned order has been passed by the Tribunal by holding that the tax effect involved in the Revenue’s appeal is less than Rs.50 lakhs and thus the appeal is not maintainable in terms of CBDT circular No.17/2019 dated 08.08.2019. MA No.121/M/2021 (Arising out of ITA No.6588/M/2016) M/s. The West Coast Paper Mills Ltd. 23. The Ld. D.R. submitted that the disputed addition involved in the present appeal was Rs.184,83,56,957/- and therefore the tax involved is more than Rs.50 lakhs and the order so passed suffered from blatant and apparent mistake of law which needs to be rectified by recalling the said order. The Ld. A.R. therefore prayed that the said order of the Tribunal may kindly be recalled. 4. On the other hand, the Ld. A.R. submitted that the Revenue’s miscellaneous application is based upon wrong facts as to the amount of addition challenged by the revenue in impugned appeal. The ld AR submitted the overall tax effect comes to less than Rs.50 lakhs on additions challenged before the Tribunal and was rightly dismissed as not maintainable in terms of CBDT circular No.17/2019 dated 08.08.2019. 5. After hearing both the parties and perusing the material on record, we find that the Revenue has moved the miscellaneous application on the wrong facts and figure whereas the amount additions challenged in the present appeal before the Tribunal is having tax effect of less than Rs.50 lakhs. Therefore, the miscellaneous application filed by the Revenue is dismissed. 6. In the result, the miscellaneous application of the Revenue is dismissed. Order pronounced in the open court on 08.10.2021. Sd/- Sd/- (Pavan Kumar Gadale) (Rajesh Kumar) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai, Dated: 08.10.2021. * Kishore, Sr. P.S. MA No.121/M/2021 (Arising out of ITA No.6588/M/2016) M/s. The West Coast Paper Mills Ltd. 3 Copy to: The Appellant The Respondent The CIT, Concerned, Mumbai The CIT (A) Concerned, Mumbai The DR Concerned Bench //True Copy// [ By Order Dy/Asstt. Registrar, ITAT, Mumbai.