ACIT 17 (3), MUMBAI V. SANDEEP STEELS, MUMBAI

MA 216/MUM/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 9638 (ITAT-MUMBAI)
• Duration Of Justice: 3 month(s) 7 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 03-07-2019
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2009-2010
• Appeal Filed On: 26-03-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S SENT H IL KUMARAN
• Keywords: Tax effect; Set aside

Judgement Text

P A G E | 1 M.A. NO. 216/MUM/2019 (ARISING OUT OF ITA NO. 1648/MUM/2017) ASSISTANT COMMISSIONER OF INCOME TAX - 17(3) VS. M/S SANDEEP STEELS (AY. 2009 - 10) IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI RAVISH SOOD, JUDICIAL MEMBER M.A. NO. 216/MUM/2019 (ARISING OUT OF ITA NO.1648/MUM/2017 ) (ASSESSMENT YEARS: 2009 - 10 ) ASSISTANT COMMISSIONER OF INCOME TAX - 17(3), ROOM NO. 137, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI 400 020 VS. M/S SANDEEP STEELS 511, AASHIRWAD BUILDING AHMEDABAD STREET, MUMBAI 400009 PAN AAIPK3526B (APPLICANT) (RESPONDENT) APPLICANT BY: SHRI S. SENTHIL KUMARAN, D.R RESPONDENT BY: NONE DATE OF HEARING: 14 .06 .2019 DATE OF PRONOUNCEMENT: 0 3 .0 7 .2019 O R D E R PER RAVISH SOOD, JM: THE PRESENT MISCELLANEOUS APPLICATION FILED BY THE REVENUE ON 26.03.2019 ARISES FROM THE ORDER PASSED BY THE TRIBUNAL IN THE CASE OF ACIT - 17(3), MUMBAI VS. M/S SANDEEP STEEL S (ITA NO.1648/MUM/2017, DATED 26.09.2018) 2. THE LD. DEPARTMENTAL REPRESENTATIVE ( FOR SHORT D.R) SUBMITTED , THAT THE AFOREMENTIONED APPEAL OF THE REVENUE WAS DISMISSED BY THE TRIBUNA L, VIDE ITS ORDER DATED 26.09.2018 ON THE GROUND THAT AS THE TAX EFFECT INVOLVED IN THE SAID APPEAL WAS LESS THAN RS. 20 LAC , THEREFORE, AS PER THE CBDT CIRCULAR NO. 03/2018, DATED 11.07.2018 P A G E | 2 M.A. NO. 216/MUM/2019 (ARISING OUT OF ITA NO. 1648/MUM/2017) ASSISTANT COMMISSIONER OF INCOME TAX - 17(3) VS. M/S SANDEEP STEELS (AY. 2009 - 10) THE SAID APPEAL WAS NOT MAINTAINABLE. IT WAS SUBMITTED BY THE LD. D.R THAT THE CASE OF THE ASSESSEE WAS REOPENED ON THE BASIS OF INFORMATION FORWARDED BY THE DGIT(INV.), MUMBAI , WHICH IN T URN HAD RECEIVED THE SAID INFORMATION FROM THE SALES TAX AUTHORITY , MUMBAI, I.E AN E XTERNAL LAW E NFORCEMENT A GENCY . IN THE BACKDROP OF THE AFORESAID FACTS, IT WAS SUBMITTED BY THE LD. D.R THAT THE CASE OF THE ASSESSEE WAS COVER E D BY THE EXCEPTION CARVED OU T IN PARA 10(E) OF THE CBDT CIRCULAR NO. 03/2018 , DATED 11.07.2018 AS WAS AMENDED ON 28.8.2018. ACCORDINGLY, IT WAS SUBMITTED BY THE LD. D.R THAT THE AFORESAID ORDER PASSED BY THE TRIBUNAL MAY BE SET ASIDE AND THE APPEAL BE RESTORED. 3. AS THE ASSESSEE DE SPITE HAVING BEEN PUT TO NOTICE ABOUT THE HEARING OF THE APPLICATION HA S FAILED TO PUT UP AN APPEARANCE, THEREFORE, WE PROCEED WITH AND DISPOSE OFF THIS APPLICATION ON THE BASIS OF THE CONTENTION S ADVANCED BY THE LD. D.R AND PERUSING THE MATERIAL AVAILABLE ON RECORD. 4. WE HAVE HEARD THE LD. D.R AND HAVE ALSO PERUSED THE MATERIAL AVAILABLE ON RECORD. WE FIND THAT THE CASE OF THE ASSESSEE BEFORE US WAS REOPENED UNDER SEC.147 OF THE INCOME - TAX ACT, 1961, ON THE BASIS OF INFORMATION FORWARDED BY THE DGIT (INV.) MUMBAI , WHICH IN TURN HAD RECEIVED THE SAME FROM THE SALES TAX AUTHORITIES, MUMBAI, I.E AN E XTERNAL L AW E NFORCEMENT A GENCY. ACCORDINGLY, WE ARE OF THE CONSIDERED VIEW THAT THE CASE OF THE PRESENT AS SESSEE BEFORE US CLEARLY FALLS WITHIN THE REALM OF THE EXCEPTION CARVED OUT IN PARA 10(E) OF THE CBDT CIRCULAR NO. 03/2018, DATED 11.07.2018 , AS AMENDED ON 20.08.2018 . ACCORDINGLY, THE AFORESAID APPLICATION FILED BY THE REVENUE SEEKING SET TING ASIDE OF THE ORDER OF THE A.O AND RESTORING OF THE APPEAL MERIT S ACCEPTANCE. 5. WE THUS IN TERMS OF OUR AFORESAID OBSERVATIONS ALLOW THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE. ORDER PASSED BY THE P A G E | 3 M.A. NO. 216/MUM/2019 (ARISING OUT OF ITA NO. 1648/MUM/2017) ASSISTANT COMMISSIONER OF INCOME TAX - 17(3) VS. M/S SANDEEP STEELS (AY. 2009 - 10) TRIBUNAL IS RECALLED IN TERMS OF OUR AFORESAID OBSERVATIONS AN D THE REGISTRY IS DIRECTED TO RE - FIX THE HEARING OF THE APPEAL. ORDER PRONOUNCED IN THE OPEN COURT 0 3 . 0 7 .2019 ( SHAMIM YAHYA) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; 0 3 .0 7 .2019 PS. ROHIT / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE . //TRUE COPY// / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI