DEPUTY COMMISSIONER OF INCOME TAX 1(1)(1), MUMBAI V. CIFCO LIMITED , MUMBAI

MA 225/MUM/2018

• Counselvise Citation: [2018] 118 COUNSELVISE.COM (IT) 8154 (ITAT-MUMBAI)
• Duration Of Justice: 9 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 26-12-2018
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 26-03-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY , JUDICIAL MEMBER AND SHRI N.K. PRADHAN , ACCOUNTANT MEMBER M.A. NO. 225/MUM./2018 ( ARISING OUT OF ITA NO. 2334 / MUM . / 20 0 7 ) ( ASSESSMENT YEAR : 20 12 13 ) DY. COMMISSIONER OF INCOME TAX CIRCLE 1(1)( 1 ), MUMBAI . APPLICANT V/S M/S. CIFCO LTD. UNIT I, GROUND FLOOR BHUPEN CHAMBERS DALAL STREET, FORT MUMBAI 400 001 PAN AAACC1766G . RESPONDENT REVENUE BY : NONE ASSESSEE BY : SHRI VIPUL JOSHI DATE OF HEARING 14 . 12 .2018 DATE OF ORDER 26.12.2018 O R D E R PER SAKTIJIT DEY, J.M. BY FILING THIS APPLICATION THE REVENUE SEEKS RECALL OF ORDER DATED 6 TH SEPTEMBER 2019, PASSED IN ITA NO.2334/MUM./2017. 2 . THE LEARNED DEPARTMENTAL REPRESENTATIVE SUBMITTED , THOUGH , THE APPEAL FILED BY THE DEPARTMENT WAS DISMISSED ON THE GROUND OF TAX EFFECT ON THE AMOUNT DISPUTED BY THE REVENUE BEING LESS THAN RS. 10 2 M/S. CIFCO LTD. LAKH, HOWEVER, HE SUBMITTED , THE TAX EFFECT ON THE DISPUTED ISSUE IS FAR MORE THAN RS. 10 LAKH. HENCE , THE APPEAL IS NOT COVERED BY THE CBDT CIRCULAR NO.21/2015, DATED 10 TH DECEMBER 2015. 3 . THE LEARNED AUTHORISED REPRESENTATIVE FAIRLY ACCEPTED THE AFORESAID FACTUAL POSITION AND FURTHER CLARIFIED THAT IN THE COURSE OF HEARING OF APPEAL HE HAS NEVER SUBMITTED THAT THE TAX EFFECT ON THE DISPUTED ISSUE IS LESS THAN RS. 10 LAKH. HE SUBMITTED , THE CONFUSION IN TREATING THE APPEAL FILED BY THE REVENUE AS A TAX EFFECT CASE MIGHT BE DUE TO THE FACT THAT IN GROUND NO.1, THE QUANTUM OF DISPUTED HAS BE EN WRONGLY MENTIONED AS RS. 65,000 INSTEAD OF RS 65 LAKH. 4 . HAVING CONSIDERED RIVAL SUBMISSIONS AND PERUSED MATERIAL ON RECORD, WE FOUND THAT THE TAX EFFECT ON THE ISSUE DISPUTED BY THE DEPARTMENT IN THE PRESENT APPEAL IS MORE THAN RS. 10 LAKH. HENCE, IT IS NO T COVERED BY THE CBDT CIRCULAR NO.21/2015, DATED 10 TH DECEMBER 2015. THUS, THERE BEING A MISTAKE APPARENT ON THE FACE OF RECORD, WE RECALL THE ORDER DATED 6 TH SEPTEMBER 2017 AND RESTORE THE APPEAL TO ITS ORIGINAL POSITION. THE REGISTRY IS DIRECTED TO FIX T HE APPEAL FOR HEARING IN REGULAR COURSE BEFORE THE ASSIGNED BENCH UNDER INTIMATION TO BOTH THE PARTIES . 5 . IN THE RESULT, MISC. APPLICATION IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 3 M/S. CIFCO LTD. SD/ - N.K. PRADHAN ACCOUNTANT MEMBER SD/ - SAKTIJIT DEY JUDICIAL MEMBER MUMBAI, DATED: 26.12.2018 COPY OF THE ORDER FORWARDED TO : ( 1 ) THE ASSESSEE; ( 2 ) THE REVENUE; ( 3 ) THE CIT(A); ( 4 ) THE CIT, MUMBAI CITY CONCERNED; ( 5 ) THE DR, ITAT, MUMBAI; ( 6 ) GUARD FILE . TRUE COPY BY ORDER PRADEEP J. CHOWDHURY SR. PRIVATE SECRETARY (SR. PRIVATE SECRETARY) ITAT, MUMBAI