ASSTT. COMMISSIONER OF INCOME TAX- CIR. 2 (2) (1), MUMBAI V. MOBILE REPAIR SERVICE CITY INDIA LIMITED, MUMBAI

MA 128/MUM/2021

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 4523 (ITAT-MUMBAI)
• Duration Of Justice: 10 month(s) 24 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 03-05-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2012-2013
• Appeal Filed On: 09-06-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, ‘D‘ BENCH MUMBAI BEFORE: SHRI VIKAS AWASTHY, JUDICIAL MEMBER & SHRI M.BALAGANESH, ACCOUNTANT MEMBER M.A. No.128/Mum/2021 (Arising out of ITA No.5822/Mum/2017 (Asse ssment Year :2012-13) Asst. Commissioner of Income Tax-CIR 2(2)(1) Room No.545, 5 th Floor Aayakar Bhavan Maharshi Karve Road Mumbai – 400 020 Vs. Mobile Repair Service City India Ltd., Knowledge House Shyam Nagar Off. Jogeshwari Vikhroli Link Road Jogeshwari (E) Mumbai- 400 060 PAN/GIR No.AAFCM2070A (Appellant) .. (Respondent) Revenue by Shri Mehul Jain Assessee by None Date of Hearing 17/12/2021 Date of Pronouncement 04/05/2022 आदेश / O R D E R PER M. BALAGANESH (A.M): By virtue of this Miscellaneous Application, the Revenue seeks to recall the order passed by this Tribunal on 20/01/2020 dismissing the appeal of the Revenue on the ground of low tax effect. 2. The Revenue in its Miscellaneous Application had stated that the tax effect involved in this appeal is Rs.72,24,292/- and hence, the appeal of the Revenue requires to be restored. But we find that the amount MA No. 128/Mum/2021 M/s. Mobile Repair Service City India Ltd., 2 involved in the dispute before us was Rs.1,43,76,006/-. Hence, the tax effect of such disputed amount would be certainly less than Rs.50,00,000/- Though the ld. DR had furnished a factual report from the Assessing Officer vide letter dated 02/08/2021, we find that the said calculation is incorrect as the tax effect is to be computed on the disputed addition before us and not on the entire assessment. Accordingly, we hold that there is no error in the order passed by this Tribunal on 20/01/2020. Hence, the Miscellaneous Application of the Revenue is dismissed. 3. In the result, Miscellaneous Application of the Revenue is dismissed. Order pronounced on 04/05/2022 by way of proper mentioning in the notice board. Sd/- (VIKAS AWASTHY) Sd/- (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated 04/05/2022 KARUNA, sr.ps MA No. 128/Mum/2021 M/s. Mobile Repair Service City India Ltd., 3 Copy of the Order forwarded to : BY ORDER, (Asstt. Registrar) ITAT, Mumbai 1. The Appellant 2. The Respondent. 3. The CIT(A), Mumbai. 4. CIT 5. DR, ITAT, Mumbai 6. Guard file. //True Copy//