ITO 33 (1)(5), MUMBAI V. IRA INFRASTRUCTURE, MUMBAI

MA 171/MUM/2020

• Counselvise Citation: [2020] 108 COUNSELVISE.COM (IT) 8807 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 27-11-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 25-06-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH C, MUMBAI BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENT AND SHRI RAJESH KUMAR, ACCOUNTANT MEMBER MA NO.171/M/2020 ARISING OUT OF ITA NO.6432/M/2018 ASSESSMENT YEAR: 2011-12 ITO 33(1)(5), C-12, 703, PRATYKSHAKAR BHAVAN, BKC, BANDRA (E), MUMBAI - 400051 VS. M/S. IRA INFRASTRUCTURE 509, SHREEJI ARCADE JUNCTION, OFF. S.V. ROAD, OPP. DENA BANK, KANDIVALI (W), MUMBAI, MAHARASHTRA- 400 067 PAN: AACFI 4540D (APPELLANT) (RESPONDENT) PRESENT FOR: ASSESSEE BY : SHRI KIRAN MEHTA, A.R. REVENUE BY : MS. SHREEKALA PARDESHI, D.R. DATE OF HEARING : 27.11.2020 DATE OF PRONOUNCEMENT : 27.11.2020 O R D E R PER RAJESH KUMAR, ACCOUNTANT MEMBER: THROUGH THIS MISCELLANEOUS APPLICATION, THE REVENUE HAS REQUESTED FOR RECALLING OF THE ORDER PASSED BY THE CO-ORDINATE BENCH OF THE TRIBUNAL IN ITA NO.6432/M/2018 A.Y. 2011-12 ORDER DATED 26.09.2019 WHEREBY THE APPEAL OF THE REVENUE WAS DISMISSED FOR LOW TAX EFFECT. 2. THE LD. D.R. SUBMITTED BEFORE THE BENCH THAT THOUGH THE TAX EFFECT INVOLVED IN THE APPEAL IS RS.6,02,115/- WHICH IS BELOW THE PRESCRIBED LIMIT AS PER THE CBDT CIRCULAR NO.3 OF 2018 DATED 11.07.2018 HOWEVER, THE SAID APPEAL HAS BEEN EXCLUDED FROM THE AMBIT OF THE CIRCULAR IN PARA 10(E) AND ACCORDINGLY THE LD. D.R. PRAYED BEFORE THE BENCH THAT THE ORDER PASSED BY THE MA NO.171/M/2020 ARISING OUT OF ITA NO.6432/M/2018 M/S. IRA INFRASTRUCTURE 2 TRIBUNAL IS APPARENTLY AND PRIMA-FACIE WRONG AND FALL WITHIN THE MEANING OF SECTION 254 OF THE ACT AND MAY KINDLY BE RECALLED. 3. THE LD. A.R., ON THE OTHER HAND, SUBMITTED BEFORE THE BENCH THAT MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS DEVOID OF MERITS AS THE INFORMATION FROM DGIT (INV.), MUMBAI/SALES TAX AUTHORITY IS NOT COVERED UNDER THE EXCEPTION OF 10(E) OF THE ABOVE CIRCULAR. THEREFORE, THE MISCELLANEOUS APPLICATION MAY KINDLY BE DISMISSED. 4. HAVING HEARD THE RIVAL PARTIES AND PERUSED THE MATERIAL ON RECORD, ESPECIALLY THE CIRCULAR, PARTICULARLY THE EXCEPTION PROVIDED IN PARA 10(E) OF THE SAID CIRCULAR, WE OBSERVE THAT DGIT(INV.), MUMBAI/SALES TAX AUTHORITY IS NOT COVERED UNDER THE SAID EXCEPTION IN PARA 10(E). ACCORDINGLY, MISCELLANEOUS APPLICATION OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 27.11.2020. SD/- SD/- (MAHAVIR SINGH) (RAJESH KUMAR) VICE PRESIDENT ACCOUNTANT MEMBER MUMBAI, DATED: 27.11.2020. * KISHORE, SR. P.S. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT (A) CONCERNED, MUMBAI THE DR CONCERNED BENCH //TRUE COPY// [ BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.