DCIT CEN CIR 7(2), MUMBAI V. MANBA INVESTMENT & SECURITIES P.LTD, MUMBAI

MA 244/MUM/2021

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 4429 (ITAT-MUMBAI)
• Duration Of Justice: 7 month(s) 2 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-05-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2011-2012
• Appeal Filed On: 06-10-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, ‘D‘ BENCH MUMBAI BEFORE: SHRI VIKAS AWASTHY, JUDICIAL MEMBER & SHRI M.BALAGANESH, ACCOUNTANT MEMBER M.A. No.243/Mum/2021 (Arising out of ITA No.195/Mum/2020) (Asse ssment Year : 2010-11) & M.A. No.244/Mum/2021 (Arising out of ITA No.196/Mum/2020) (Asse ssment Year : 2011-12) DCIT CEN. CIR 7(2) R.No.653, 6 th Floor Aayakar Bhavan M.K.Road, Mumbai-400020 Vs. M/s. Manba Investment & Securities Pvt. Ltd., 306, Runwal Heights Opp. Nirmal Lifestyle Mulund (W) Mumbai – 400 080 PAN/GIR No.AACCM4718N (Appellant) .. (Respondent) Revenue by Shri T. Shankar Assessee by Shri J P Bairagra Date of Hearing 17/12/2021 Date of Pronouncement 09/05/2022 आदेश / O R D E R PER M. BALAGANESH (A.M): By virtue of these Miscellaneous Applications, the Revenue seeks to recall the order passed by this Tribunal u/s.254(2) of the Act in MA No.195/Mum/2020 and 196/Mum/2020 for A.Yrs. 2010-11 and 2011-12 respectively dated 26/03/2021. MA Nos.243 & 244/Mum/2021 M/s. Manba Investment and Securities Pvt Ltd., 2 2. At the outset, we find that this Tribunal had disposed of the revenue appeal in ITA No.3136/Mum/2017 & 3137/Mum/2017 dated 20/08/2019 dismissing the appeals of the Revenue on the ground of low tax effect. Thereafter, the Revenue preferred M.A. No.195 & 196/Mum/2020. These Miscellaneous Applications were disposed of by this Tribunal vide its order dated 26/03/2021 on the ground that in the said cases, information was received only from Investigation Wing of Income Tax department which would fall within the ambit of internal sources of information and hence, could not be considered as falling within the exception clause provided in para 10(e) of the CBDT Circular. Now, we find that the Revenue has filed this present Miscellaneous Application against the M.A. order passed on 26/03/2021. In our considered opinion, only order passed u/s.254(1) of the Act could be subject matter of rectification / recalled u/s.254(2) of the Act. Since the Miscellaneous Application order dated 26/03/2021 is passed u/s.254(2) of the Act, the same cannot be again subject to rectification u/s.254(2) of the Act as per law. In other words there cannot be any MA on MA. 3. In the result, Miscellaneous Applications preferred by the Revenue are dismissed. Order pronounced on 09/05/2022 by way of proper mentioning in the notice board. Sd/- (VIKAS AWASTHY) Sd/- (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated 09/05/2022 KARUNA, sr.ps MA Nos.243 & 244/Mum/2021 M/s. Manba Investment and Securities Pvt Ltd., 3 Copy of the Order forwarded to : BY ORDER, (Asstt. Registrar) ITAT, Mumbai 1. The Appellant 2. The Respondent. 3. The CIT(A), Mumbai. 4. CIT 5. DR, ITAT, Mumbai 6. Guard file. //True Copy//