ASST CIT 25(1), V. CHINTAN N UPADJUAU,

MA 249/MUM/2013

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 1145 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 29-11-2013
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 22-11-2013
• Assessment Year: 2006-2007
• Appeal Filed On: 10-07-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SU RENDRA KUMAR
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C , BENCH MUMBAI BEFORE SHRI I.P.BANSAL, JM & SHRI D.KARUNAKARA RAO , A M MA NO. 249 /MUM/20 1 3 (ARISING OUT OF ITA NO. 8957 /M/20 10 ) ( ASSESSMENT YEAR :200 6 - 200 7 ) ACIT - 25(1), MUMBAI - 51 VS. MR. CHINTAN V. UPADH YAY, 102, MITTAL OCEAN VIEW, JUHU TARA ROAD, SANTACRUZ (W), MUMBAI - 400 049 PAN NO. : A A NPU 8076 D ( APP LICANT ) .. ( RESPONDENT ) REVENUE BY : MR. SURENDRA KUMAR ASSESSEE BY : NONE DATE OF HEARING : 29 TH NOV, 2013 DATE OF PRONOUNC EMENT : 29 TH NOV, 2013 O R D E R PER D.KARUNAKARA RAO , A M : THIS MISCELLANEOUS APPLICATION HAS BEEN PREFERRED BY THE REVENUE ARISING OUT OF THE ORDER DATED 23 - 1 - 2013 , PASSED IN ITA NO. 8957 /M/20 10 FOR THE ASSESSMENT YEAR 200 6 - 0 7 . 2 . IT IS THE PRAYE R OF THE REVENUE THAT THE TAX EFFECT IS RS. 3,75,431/ - , IN THAT CASE THE ORDER OF THE TRIBUNAL DISMISSING THE REVENUES APPEAL ON THE GROUND OF TAX EFFECT, IS ERRONEOUS AND IS A RECTIFIABLE MISTAKE. 3 . DURING THE PROCEEDING BEFORE US, LEARNED DR FILED A CH ART STATING THAT THE AO HAS ERRED IN HOLDING THAT THE TAX EFFECT IS ABOVE RS. 3 LAKHS AND THE SAID ERROR TOOK PLACE IN VIEW OF WRONGLY CONSIDERING THE AMOUNT OF RS. 2,58,705/ - , OTHERWISE , THE TAX EFFECT REMAINS BELOW RS. 3 LAKHS. THEREFORE, THE ORDER OF THE TR IBUNAL IS IN ORDER. 4. NONE APPEARED ON BEHALF OF THE ASSESSEE. M.ANO. 249 /201 3 2 5 . CONSIDERING THE ABOVE ADMITTED POSITION OF THE MATTER , AS STATED BY THE LEARNED DR, WE ARE OF THE OPINION THAT THE PRESENT MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS REQUIRED TO BE DI SMISSED. 6 . RESULTANTLY , MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON THIS 29 TH D AY OF NOV . , 201 3 . SD/ - SD/ - ( I.P.BANSAL ) ( D.KARUNAKARA RAO ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 29/11/2013 . /PKM , PS COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A) - X, MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY// BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI