ACIT 31(1), MUMBAI V. BHARAT SHINGALA, MUMBAI

MA 123/MUM/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 4394 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 14 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 10-05-2019
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 25-02-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME-TAX APPELLATE TRIBUNAL B BENCH MUMB AI BEFORE SHRI G.S. PANNU, VICE- PRESIDENT AND SHRI PAWAN SINGH, JUDICIAL MEMBER M.A. NO. 123/MUM/2019 IN ITA NO. 4265/MUM/2015 (A.Y 2009-10 ) ACIT-31(3)(2), ROOM NO. 701, C- 11, 17 TH FLOOR, B.K.C., BANDRA (E), MUMBAI-400051. VS. BHARAT SHINGALA 301-302, PREMSONS INDL. ESTATE, CAVES ROAD, JOGESHWARI EAST, MUMBAI-400060. PAN: AAJPS2117B APPELLANT RESPONDENT APPELLANT BY : SHRI MANJUNATH KARKIHALLI (DR) RESPONDENT BY : SHRI PARESH GOHIL (AR) DATE OF HEARING : 10.05.2019 DATE OF PRONOUNCEMENT : 10.05.2019 ORDER UNDER SECTION 254(2)OF INCOME TAX ACT PER PAWAN SINGH, J.M. 1. THIS MISCELLANEOUS APPLICATION (MA) IS FILED BY THE REVENUE FOR RECTIFICATION OF THE ALLEGED MISTAKE IN THE ORDER DATED 03.08.201 8 PASSED IN ITA NO. 4265/MUM/2015 FOR ASSESSMENT YEAR (AY) 2009-10. IN THE APPLICATION, THE APPLICANT/REVENUE PLEADED THAT ALTHOUGH THE TAX EFF ECT INVOLVED IN THIS APPEAL IS RS. 22,36,643/- WHICH IS ADMITTEDLY MORE THAN TH E MONETARY LIMIT AS PRESCRIBED IN CBDT CIRCULAR NO. 3/2018 DATED 11.07. 2018. THE APPLICANT/REVENUE PLEADED THAT THE ORDER DATED 03.0 8.2018 REQUIRE RECTIFICATION BY RECALLING THE ORDER, WHICH IS MIST AKE APPARENT ON RECORD. 2. THE LD. DR FOR THE REVENUE MADE HIS SUBMISSION ON S IMILAR LINES. 3. ON THE OTHER HAND, THE LD. AR OF THE ASSESSEE AFTER GOING THROUGH THE CONTENTS OF MISCELLANEOUS APPLICATION AND THE GROUNDS OF APP EAL FAIRLY AGREED THAT THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS RS. 22 ,36,643/-, WHICH IS MORE MA NO.123/MUM/2019-BHARAT SHINGALA 2 THAN THE MONETARY LIMIT OF TAX FIXED BY CBDT CIRCUL AR NO. 3/2018 DATED 11.07.2018. 4. WE HAVE CONSIDERED THE SUBMISSION OF BOTH THE PARTI ES THAT THE MONETARY LIMIT INVOLVED IN THE PRESENT APPEAL IS MORE THAN RS. 20, 00,000/-, THEREFORE, THE APPEAL FILED BY REVENUE IS NOT COVERED BY THE CBDT CIRCULAR NO. 3/2018 DATED 11.07.2018. THEREFORE, THE ORDER PASSED ON 03 .08.2018 IN ITA NO. 4265/MUM/2015 IS RECALLED. 5. CONSIDERING THE FACT THAT WE HAVE RECALLED THE ORDE R, THEREFORE, THE APPEAL IS FIXED FOR HEARING BY REGULAR BENCH ON 8 TH JULY 2019. ISSUANCE OF SEPARATE NOTICE IS DISPENSED WITH AS THE DATE OF HEARING WAS FIXED IN THE PRESENCE OF PARTIES. 6. IN THE RESULT, MA FILED BY THE REVENUE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 10.05.2019. SD/- SD/- G.S. PANNU PAWAN SING H VICE-PRESIDENT JUDICIAL MEMBER MUMBAI, DATE: 10.05.2019 SK COPY OF THE ORDER FORWARDED TO : 1. ASSESSEE 2. RESPONDENT 3. THE CONCERNED CIT(A) 4. THE CONCERNED CIT 5. DR B BENCH, ITAT, MUMBAI 6. GUARD FILE BY ORDER, DY./ASST. REGISTRAR ITAT, MUMBAI