ITO 5(3)(3), MUMBAI V. UBIQUE ALLOYS P.LTD, MUMBAI

MA 131/MUM/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 4910 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 22-05-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: J
• Assessment Year: 2007-2008
• Appeal Filed On: 27-02-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL F BENCH, MUMBAI BEFORE S/SHRI SHAMIM YAHYA , ACCOUNTANT MEMBER AND S/SHRI AMARJIT SINGH, JUDICIAL MEMBER M.A. N O . 131 / M/201 9 (ARISING OUT OF ITA NO. 3243 /MUM/201 7 ) ( / ASSESSMENT YEAR: 2007 - 08 ) ITO WARD - 5(3)(3) ROOM NO. 565, 5 TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI - 400020 . / VS. M/S. UBIQUE ALLOYS PVT. LTD. SHOP NO. 6, GROUND FLOOR, 14 BHAGIRATNI BHAVAN, MAHENDRA KUMAR SHAH, MARG, MUMBAI . / . / . PAN/GIR NO. : AAACU1919P ( / APPELLANT ) / APPLICANT .. ( / RESPONDENT ) / DATE OF HEARING: 26 .0 4 .201 9 /DATE OF PRONOUNCEMENT: 22. 0 5 . 2019 ORDER PER AMARJIT SINGH, J M THE REVENUE HAS FILED THE PRESENT MISCELLANEOUS APPLICATION BEARING NO.131/M/2019 U/S 254 OF THE I.T. ACT, 1961 ARISING OUT OF ITA. NO. 3243 /M/1 7 FOR THE A.Y. 2007 - 08 DATED 03 . 08 .201 8 . 2. THE BRIEF FACTS OF THE CASE ARE THAT THE APPEAL OF THE REVENUE BEARING ITA. NO.3243 /M/201 7 HAS BEEN DECIDED BY HONBLE ITAT BY VIRTUE OF ORDER DATED 03.08.2018. THE HONBLE ITAT HAS PRECLUDED THE REVENUE TO PURSUING THE A PPEAL IN VIEW OF THE CBDT CIRCULAR NO.3/2018 DATED 11.07.2018 . THEREAFTER, THE AMENDMENT WAS MADE IN PARA NO. 10 OF THE CIRCULAR NO. 3/2018 DATED 20.08.2018 WHEREIN IT IS SPECIFIED THA T WHERE ADDITION IS BASED ON INFORMATION RECEIVED FROM EXTERNAL SOURCES IN THE NATURE OF LAW ENFORCEMENT AGENCIES SUCH AS CBI/ED/DRI/SFIO/DIRECTORATE GENERAL OF GST INTELLIGENCE (DGGI). THEN REVENUE BY: SHRI CHAUDHARY ARUN KUMAR SINGH (DR) ASSESSEE BY: SHRI JAYESH KANUGO (AR) MA 131 / MUM/201 9 THE CIRCULAR IS NOT APPLICABLE TO THOSE CASES, T HEREFORE, IN TH E SAID CIRCUMSTANCES, THE APPEAL BEARING ITA. NO.3213/M/2017 IS LIABLE TO BE RECALLED. 3 . NOTICE GIVEN. 4 . WE HAVE HEARD THE ARGUMENT ADVANCED BY THE LD. REPRESENTATIVE OF THE PARTIES AND PERUSED THE RECORD. WE FIND THAT THE APPEAL OF THE REVENUE IS DISMISSED IN VIEW OF THE CBDT CIRCULAR NO.3/2018 DATED 11.07.2018 IN WHICH THE REVENUE HAS BEEN PRECLUDED FROM PURSUING ITS APPEAL ON ACCOUNT OF TAX EFFECT BELOW 20 LAKHS OR LESS. THE ORDER WAS PRONOUNCED BY HONBL E ITAT ON 03.08.2018. THE REVENUE WANTED TO RECALL THE MATTER ON THE BASIS OF AMENDMENT IN THE CBDT CIRC ULAR NO.3/2018 DATED 11 .0 7 .2018, WHICH WAS AMENDMENT ON DATED 20.08.2018. THE AMENDMENT IS NOT RETROSPECTIVELY, THEREFORE, IN THE SAID CIRCUMSTANCES, WE ARE OF THE VIEW THAT THE HONBLE ITAT HAS DECIDED THE APPEAL OF THE REVENUE BEARING ITA. NO. 3243/M/2017 DATED 03.08.2018 JUDICIOUSLY AND CORRECTLY WHICH IS NO T LIABLE TO BE RECALLED IN ANY MANNER. ACCORDINGLY, THE MISCELLANEOUS APPLICATION OF THE REVENUE IS HEREBY DISMISSED. IN THE RESULT , THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS HEREBY ORDERED TO BE DISMISSED . ORDER WAS PRON OUNCED IN TH E OPEN COU RT ON 22 /0 5 / 2019 SD/ - SD/ - ( SHAMIM YAHYA ) (AMARJIT SINGH) / ACCOUNTANT MEMBER /JUDICIAL MEMBER MUMBAI, DT: 22 /05 / 2019 VIJAY COPY TO : 1 . THE APPELLANT 2 . THE RESPONDENT 3 . THE CIT(A) 4 . THE CIT 5 . THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE, F , BENCH (TRUE COPY) BY ORDER ASSTT.REGISTRAR, ITAT, MUMBAI BENCHES