DEPUTY COMMISSIONER OF INCOME TAX 13(1)(1), MUMBAI V. NIHAR EQUIPMENT PVT. LTD., MUMBAI

MA 152/MUM/2017

• Counselvise Citation: [2019] 111 COUNSELVISE.COM (IT) 2876 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 26 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 12-04-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2006-2007
• Appeal Filed On: 17-03-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHAUDHARY ARUN KUMAR SINGH
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH B, MUMBAI BEFORE SHRI C.N. PRASAD, JUDICIAL MEMBER AND SHRI RAJESH KUMAR, ACCOUNTANT MEMBER MA NO.152/MUM /2017 (ARISING OUT OF ITA NO.3789/MUM /2015) ASSESSMENT YEA: 2009-10 DCIT, CIRCLE -13(1)(1) ROOM NO. 218, 2 ND FLOOR AAYKAR BHAWAN MUMBAI-400 020 VS. M/S. NIHAAR EQUIPMENT PVT.LTD. 117,CD GOVERNMENT INDUSTRIAL ESTATE, HINDUSTAN NAKA, CHARKOP, KANDIVALINAKKA, MUMBAI-400 067 PAN: AABCN9153B (APPELLANT) (RE SPONDENT) PRESENT FOR: ASSESSEE BY : SHRI MANOJ MUNDRA, A.R. REVENUE BY : SHRI CHAUDHARY ARUN KUMAR SINGH, D. R. DATE OF HEARING : 29.03.2019 DATE OF PRONOUNCEMENT :12.04 .2019 O R D E R PER RAJESH KUMAR, ACCOUNTANT MEMBER: BY VIRTUE OF THIS MISCELLANEOUS APPLICATIONS, THE REVENUE SEEKS FOR RECALLING OF THE ORDER PASSED BY THE TRIB UNAL IN THE ITA. NO. 3789/MUM/2015 FOR AY 2009-10 DATED 21.12.2 015. 2. THE LD. D.R. SUBMITTED FOR THE BENCH THAT THE AP PEAL OF THE ASSESSEE WAS DISMISSED FOR THE SAID YEAR ON ACCOUNT OF LOW TAX EFFECT HOWEVER AS A MATTER OF FACTS, THE TAX INVOL VED IN THE SAID APPEAL WAS AT RS. 56,65,511/-. ACCORDINGLY, THE LD. DR REPRESENTED BEFORE THE BENCH THAT THE ORDER SO PASS ED IS NOT CORRECT AND IS SAID TO BE ERRONEOUS AND MAY BE RECA LLED. THE LD. AR ON THE OTHER HAND STRONGLY OBJECTED TO THE CONTE NTIONS OF THE LD. DR BY SUBMITTING THAT THE M.A HAS BEEN FILED WI THOUT ANY MA NO.152/M/2017 NIHAAR EQUIPMENT PVT.LTD. 2 APPLICATION OF MIND AND MERIT. THE LD.AR SUBMITTED THAT IN THE ORDER PASSED BY TRIBUNAL DATED 21/12/2015, THE ASS ESSMENT YEAR WAS WRONGLY MENTIONED AS 2009-10 WHEREAS THE CORRECT ASSESSMENT YEAR INVOLVED WAS 2006-07. THE ATTENTION OF THE BENCH WAS ALSO DRAWN TO THE GROUNDS OF APPEAL RAISE D BY THE REVENUE WHEREIN THE ADDITION TO THE EXTENT OF RS. 45,835/- WAS CHALLENGED AS AGAINST THE ADDITION OF RS. 3,66,682/ - MADE BY THE AO. THE LD AR THUS SUBMITTED THAT THERE IS NO M ERIT IN THE MA FILED BY THE REVENUE MAY PLEASE BE DISMISSED . 3. AFTER HEARING BOTH THE PARTIES AND PERUSED THE MATERIAL ON RECORD, WE OBSERVE THAT THERE IS NO MERIT IN THE MI SCELLANEOUS APPLICATION FILED BY THE REVENUE AS THIS IS A CASE OF LOWER TAX EFFECT AND HAS BEEN RIGHTLY BEEN DECIDED BY THE TRI BUNAL. THOUGH THERE IS A MISTAKE IN MENTIONING THE ASSESSM ENT YEAR AND WHICH WAS WRONGLY MENTIONED AS AY 2009-10 INSTE AD OF 2006-07. 4. ACCORDINGLY, WE ARE DISMISSING THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE. ORDER PRONOUNCED IN THE OPEN COURT ON 12.04.2019. SD/- SD/- (C.N.PRASAD) (RAJESH KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED:12.04.2019. * THIRUMALESH, SR. P.S. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT (A) CONCERNED, MUMBAI THE DR CONCERNED BENCH MA NO.152/M/2017 NIHAAR EQUIPMENT PVT.LTD. 3 BY ORDER (ASSISTANT REGISTRAR) INCOME TAX APPELLATE TRIBUNAL, MUMBAI