ITO, 6(1)(3), MUMBAI V. M/s ADMIRE PROPERTIES PVT. LTD., MUMBAI

MA 128/MUM/2020

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 4444 (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: 2007-2008
• Appeal Filed On: 28-02-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUNIL DESHPANDE
• Keywords: Tax effect

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. 128 / MUM/2020 (ARISING OUT OF I TA NO. 3632 /MUM/ 2019 ( ASSESSMENT YEAR : 2007 - 08 ) ITO, 6(1)(3) ROOM NO.508 , 5 TH FLOOR AAYAKAR BHAVAN M.K.ROAD, MUMBAI - 400020 VS. M/S. ADMIRE PROPERTIES PVT. LTD., 414/ 415, BHARAT INDUSTRIAL ESTATE, TOKERSHI JIVRAJ ROAD S E WRI, MUMB AI - 400 015 PAN/GIR NO. AAECA907 5G (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 IS MISCELLANEOUS A PPLICATION , THE REVENUE SEEKS TO RECALL THE ORDER PASSED BY THIS TRIBUNAL F OR A.Y . 200 7 - 0 8 ON 21/08/2019 WHEREIN THIS TR IBU NAL HAD DISMISSED THE APPEAL 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 AFO RESAID CIRCULAR. M A NO . 128 /MUM/ 2020 M/S. ADMIRE PROPERTIES 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 INCO ME TAX DEPARTMENT AND THAT THE SAME FALLS UNDER TH E EXCEPTION PROVIDED IN PAR A 10(E) OF THE CBDT CIRCULAR AND HENCE, THE APPEAL 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 O N PERUSAL OF THE PAR A 10(E) OF THE CBDT CIRCULAR N O.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 IG ATIO N OFFICE, SEBI ETC., ADMITTEDLY, THE INFORMATION R ECEIVED 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 INV ESTIGATIO 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 , TH E MISCELLANEOUS APPLICATION PREFERRED BY THE REVEN UE IS DISMISSED. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION PREFERRED BY THE RE VENUE IS 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 MEMB ER MUMBAI ; DATED 26 / 03 / 202 1 M A NO . 128 /MUM/ 2020 M/S. ADMIRE PROPERTIES PVT. LTD., 3 KARUNA , SR.PS 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//