ACIT Corporate Circle 6(20, CHENNAI V. Sim Info System Pvt. Ltd., CHENNAI

MA 212/CHNY/2019

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 4377 (ITAT-CHENNAI)
• Duration Of Justice: 3 month(s) 5 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 25-11-2019
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2014-2015
• Appeal Filed On: 19-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, C BENCH : CHENNAI , . , [BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI DUVVURU RL REDDY , JUDICIAL MEMBER ] M.P.NO.212/CHNY/2019 (IN !' ./I.T.A. NO.2391/CHNY/2018) #$% &$ / ASSESSMENT YEAR : 2014-2015. THE ASSISTANT COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 6(2) CHENNAI. VS. M/S. SIM INFO SYSTEMS PVT. LTD, KALPATHARU COMPLEX, 44C, C P RAMASWAMY ROAD, ALWARPET, CHENNAI 600 018. [PAN AAJCS 0281P] (PETITIONER ) ( /RESPONDENT) PETITIONER BY : SHRI. AR.V. SREENIVASAN, JCIT. RESPONDENT BY : SHRI. K. BALASUBRAMANIAN, ADV. # ' ( ) /DATE OF HEARING : 22-11-2019 *+&% ( ) /DATE OF PRONOUNCEMENT : 25-11-2019 / O R D E R PER INTURI RAMA RAO, ACCOUNTANT MEMBER THIS MISCELLANEOUS PETITION IS FILED BY THE REVE NUE SEEKING RECALL OF THE ORDER OF THE TRIBUNAL IN ITA NO.2391/ CHNY/2018, DATED 01.05.2019 FOR THE ASSESSMENT YEAR 2014-2015 ON TH E GROUND THAT MP NO.212 /2019 :- 2 -: APPEAL OF THE REVENUE WAS DISMISSED ON LOW TAX EFFE CT EVEN THOUGH THE TAX EFFECT IN THE APPEAL IS MORE THAN @20,00,00 0/-. 2. THE REVENUE MOVED THE PRESENT MISCELLANEOUS PETITIO N STATING THAT THE TAX EFFECT IN THIS APPEAL IS MORE THAN @20,00,000/- AND ACCORDINGLY, IT IS PRAYED THAT THE IMPUGNED ORD ER BE RECALLED. 3. ON THE OTHER HAND, THE LD. AUTHORISED REPRESENTATIV E HAD NOT DISPUTED THE FACT THAT TAX EFFECT IN THIS APPEA L IS MORE THAN @20,00,000/-. 4. WE HEARD THE RIVAL SUBMISSIONS, PERUSED THE MISCELL ANEOUS PETITION AND THE IMPUGNED ORDER. IN THE CIRCUMSTAN CES, MENTIONED ABOVE, WE RECALL THE ORDER OF THIS TRIBUNAL IN ITA NO.2391/CHNY/2018, DATED 01.05.2019 FOR ASSESSMENT YEAR 2014- 2015 KEEPING IN VIEW OF THE PRINCIPLE THAT NO PREJ UDICE SHOULD BE CAUSED TO ANY PARTY ON ACCOUNT OF THE MISTAKE OF TH E COURT. ACCORDINGLY, WE RECALL THE APPEAL FOR FRESH ADJUDI CATION AND DIRECT THE REGISTRY TO POST THE APPEAL FOR HEARING ON 20.02.2 020 FOR WHICH NO SEPARATE NOTICE OF HEARING IS REQUIRED TO BE DISPAT CHED. MP NO.212 /2019 :- 3 -: 5. IN THE RESULT, THE MISCELLANEOUS PETITION FILED BY THE REVENUE IS ALLOWED ON THE ABOVE LINES. ORDER PRONOUNCED ON 25 TH DAY OF NOVEMBER, 2019, AT CHENNAI. SD/- SD/- ( . ! ) (DUVVURU RL REDDY) ' # /JUDICIAL MEMBER ( ) (INTURI RAMA RAO) /ACCOUNTANT MEMBER , #' / CHENNAI -# / DATED: 25TH NOVEMBER, 2019. KV . ( /)0 1' !2 1&) / COPY TO: 1 . !' 34 / APPELLANT 3. 5) (!' ) / CIT(A) 5. 1 89 /)#: / DR 2. /;34 / RESPONDENT 4. 5) / CIT 6. 9$ <' / GF