ITO - 21(2)(3), MUMBAI V. MUMTAZ JAFAR PARDAWALA, MUMBAI

MA 128/MUM/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 4389 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 12 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 10-05-2019
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2012-2013
• Appeal Filed On: 27-02-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ABI RAMA KARTIKEYAN
• Assessee Lawyers: U C BOTHRA
• Keywords: Tax effect

Judgement Text

IN THE INCOME-TAX APPELLATE TRIBUNAL D BENCH MUMB AI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI PAWAN SINGH, JUDICIAL MEMBER M.A. NO. 128/MUM/2019 IN ITA NO. 5103/MUM/2016 (A.Y 2012-13 ) ITO-21(2)(3), ROOM NO. 105, 1 ST FLOOR, PIRAMAL CHAMBER, PAREL, LALBAUG, MUMBAI-400012. VS. MUMTAZ JAFAR PARDAWALA, ROOM NO. 4, 1 ST FLOOR, 17, GULISTAN BUILDING, REBESCH STREET, AGRIPADA, MUMBAI-400011. PAN: AMRPP2676C APPELLANT RESPONDENT APPELLANT BY : SHRI ABI RAMA KARTIKEYAN (DR) RESPONDENT BY : SHRI U.C. BOTHRA (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 30.08.201 8 PASSED IN ITA NO. 5103/MUM/2016 FOR ASSESSMENT YEAR (AY) 2012-13. IN THE APPLICATION, THE APPLICANT/REVENUE STATED THAT THE TAX EFFECT INVOLV ED IN THIS APPEAL IS MORE THAN RS. 20,00,000/- AS PRESCRIBED IN CBDT CIRCULAR NO. 3/2018 DATED 11.07.2018. 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 FAIRLY CONCEDED THAT T HE TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS MORE THAN THE MONETARY LIMIT OF RS. 20,00,000/- PRESCRIBED BY CBDT CIRCULAR NO. 3/2018 DATED 11.07. 2018. MA NO. 128 MUM 2019-MUMTAZ JAFAR PARDAWALA 2 4. CONSIDERING THE SUBMISSION OF THE PARTIES THAT TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS MORE THAN THE MONETARY LIMIT OF T AX EFFECT OF RS. 20,00,000/- AS PRESCRIBED IN CBDT CIRCULAR NO. 3/2018 DATED 11. 07.2018, THE ORDER PASSED IN ITA NO. 5103/MUM/2016 VIDE ORDER DATED 30 .08.2018 IS RECALLED. THE REGISTRY IS DIRECTED TO FIX THE APPEAL FOR HEAR ING AFRESH BY REGULAR BENCH AFTER PROPER NOTICE TO THE PARTIES. 5. IN THE RESULT, MA FILED BY THE REVENUE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 10.05.2019. SD/- SD/- SHAMIM YAHYA PAWAN SINGH ACCOUNTANT MEMBER 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 D BENCH, ITAT, MUMBAI 6. GUARD FILE BY ORDER, DY./ASST. REGISTRAR ITAT, MUMBAI