DCIT 8(2)(1), MUMBAI V. SHOBHA ANSAR JEWLLERY PVT. LTD., MUMBAI

MA 136/MUM/2020

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 4455 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 24 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 26-03-2021
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2013-2014
• Appeal Filed On: 03-03-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SUNIL DESHPANDE
• Keywords: Tax effect
• Section: 205; 201; 13

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. 136 / MUM/2020 (ARISING OUT OF I TA NO. 2053/ MUM/ 2019 ( ASSESSMENT YEAR : 2013 - 14 ) M.A. NO. 13 7 / MUM/2020 (AR ISING OUT OF I TA NO. 205 4 / MUM/ 2019 ( ASSESSMENT YEAR : 201 1 - 1 2 & M.A. NO. 13 8 / MUM/2020 (ARISING OUT OF I TA NO. 205 5 / MUM/ 2019 ( ASSESSMENT YEAR : 201 4 - 1 5 DCIT 8(2)(1) ROOM NO.624, 6 TH FLOOR, AAYAKAR BHAVAN M.K.ROAD, MUMBAI - 400020 MAHARAS HTR A VS. M/S. SHOBHA ANSAR JEWELLERY PVT. LTD., 78 - B, SUNSHINE BUILDING DR. ANNIE BESANT ROAD WORLI, MUMBAI - 400 018 MAHARASHTRA PAN/GIR NO. ALLCS9865R (APPELLANT ) .. (RESPONDENT ) REVENUE BY SHRI SUNIL DESHPANDE ASSESSEE BY NONE DATE OF HEARING 26 / 03 /202 1 DA TE OF PRONO U NCEMENT 26 / 03 /202 1 M A NO S . 136 - 138 /MUM/ 2020 M/S. SHOBHA ANSAR JEWELLERY PVT LTD., 2 / O R D E R PER M. BALAGANESH (A.M) : BY VIRTUE OF THESE MISCELLANEOUS APPLICATIONS, THE REVENUE SEEKS TO RECALL THE ORDER PASSED BY THIS TRIBUNAL ON 21/08/2019 DISMISSING THE APPEALS OF THE REVENUE ON THE GROUND OF LOW TAX EFFECT BY FOLLO WING THE C BDT CIRCULAR NO.17/2019 DATED 08/08/2019. 2. WE FIND TH AT REVENUE HAD ACTUALLY RAISED TW O GROUNDS FOR ALL THE SE THREE ASSESSMENT YEARS IN ITS ORIGINAL APPEALS FILED BEFORE THIS TR IBUNAL. THE FIRST GROUND WAS IN RESPECT OF ADDITION MADE ON ACCOUNT OF BOGU S PURCHASES WHICH WAS ADMITTEDLY BASED ON SALES TAX INFORMATION, BEING AN EXTERNAL AGENCY. THE SECOND GROUND WAS MADE ON ACCOUNT OF U NEXPLAINED CASH CREDIT U/S.68 OF THE AC T BASED ON INVESTIGATION WING OF THE INCOME TAX DEPARTMENT, BEING AN INTERNAL SOURCE OF INFORMATION. WE FIND THAT THE FIRST GROUND RAISED BY THE RE VENUE CERTAINLY FALLS WITHIN THE EXCEPTION C LAUSE PROVIDED IN PARA 10 (E) OF THE CBDT CIRC ULAR. HENCE, WE HOLD THAT THE ENTIRE APPEALS OF THE RE VENUE REQUIRE TO BE REC ALLED TO ADJUDICATE ALL THE SE THREE APPEALS AFRESH. REGISTRY IS DIRECTED TO FIX THESE APPEALS FOR FRESH HEARING IN NORMAL COURSE. 3 . IN THE RESULT, MISCELLANEOUS APPLICATIONS OF THE REVENUE ARE ALLOWED. ORDER PRONOUNCE D ON 26 / 03 / 202 1 BY WAY OF PROPER M ENTIONING IN T HE NO TICE BOARD. SD/ - ( JUSTI CE P.P. BHATT ) SD/ - (M.BALAGANESH) PRESIDENT ACCOUNTANT MEMB ER MUMBAI ; DATED 26 / 03 / 202 1 M A NO S . 136 - 138 /MUM/ 2020 M/S. SHOBHA ANSAR JEWELLERY 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//