THE ITO-24(2)(5), Mumbai V. M/S MONARCH LOGISTIC SHIPPING AGENCY, Mumbai

MA 159/MUM/2020

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 4445 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 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: 18-03-2020
• 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. 159 / MUM/2020 (ARISING OUT OF I TA NO. 1948/ MUM/ 2019 ( ASSESSMENT YEAR : 2007 - 08 ) THE ITO - 24(2)(5) R.NO.61 1, PIRAMAL CHAMBERS LALBAUGH, PAREL MUMBAI 400 012 VS. M/S. MO NARCH LOGISTIC SHIPPING AGENCY 1 ST FLOOR, RANG OLI COMPLEX SAHAR AIRPORT ANDHERI (E) MUMBAI 400 099 PAN/GIR NO. AAIFM4694 E (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 THIS MISCELLANEOUS APPLICATION, THE REVENUE SEEKS TO RECALL THE ORDER PASSED BY THIS TRIBUNAL IN ITA NO.1948/MUM/2019 DATED 21/08/2019 F OR A.Y .2007 - 08. WE FIND THAT THIS TRIBUNAL IN ITS ORDER HAD DISMISSED THE APPEAL ON THE GROUND OF LOW TAX EFFECT BY FOLLO WING THE CBDT CIRCULAR NO.17/ 2019 DATED 08/08/2019 R EAD WITH CIRCULAR M A NO . 159 /MUM/ 2020 M/S. MONARCH LOGISTIC SHIPPING AGENCY 2 NO.03/2018 DATED 11/07/ 2018. FROM THE PERUSAL OF THE ENTIRE MI SCEL LANEOUS APPLICATION F ILED BY THE REVENUE , WE FIND THAT NOWHERE THE REVENUE WAS AB LE TO POINT OUT AS TO HOW THE SAID APPEAL FALLS WITHIN THE EXCEPTIONS PROVIDED IN PARA 10 OF THE CBDT CIRCULAR NO.03/2018 DATED 11/0 7/2018. EVEN THE L D. DR BEFORE US WAS NOT ABLE TO POINT OUT AS TO HOW THIS CASE FALLS UNDER ANY O F THE EXCEPTIONS PROVIDED IN PARA 10 OF THE CBDT CIRCULAR. HENCE, WE ARE NOT INCLINED TO ACCEPT THE MISCELLANEOUS APPLICATION PREFERRED BY THE REVENUE. 2. IN THE RESULT, THE MISCELLANEOUS APPLICATION OF THE REVE NUE 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) PRE SIDENT ACCOUNTANT MEMB ER MUMBAI ; DATED 26 / 03 / 202 1 KARUNA , SR.PS COPY OF THE O RDER FORWARDED TO : BY ORDER, ( ASSTT. REGIST RAR) ITAT, MUMBA 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITA T, MUMBAI 6. GUARD FILE. //TRUE COPY//