ASST CIT 13(3), V. MAYUR B. JASANI,

MA 250/MUM/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9434 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 12-10-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2005-2006
• Appeal Filed On: 23-04-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SANJAH PARIKH
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL 'B' BENCH, MUMBAI BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER MA NO. 250/MUM/2012 (ARSING OUT OF ITA NO. 250/MUM/2010) (ASSESSMENT YEAR: 2005-06) ACIT, CIRCLE 13(3) SHRI MAYUR B. JASANI AAYAKAR BHAVAN, M.K. ROAD 314. PRASHANT CHAMBERS MUMBAI 400020 VS. 72/74, BHANDARI STREET MUMBAI 400003 PAN - AABPJ 7669 M APPLICANT RESPONDENT APPLICANT BY: SHRI DINESH KUMAR RESPONDENT BY: SHRI SANJAH PARIKH DATE OF HEARING: 12.10.2012 DATE OF PRONOUNCEMENT: 12.10.2012 O R D E R PER D. MANMOHAN, V.P. VIDE ORDER DATED 4 TH OCTOBER, 2011 THE ITAT B BENCH MUMBAI DISMISSED THE APPEAL AS UNADMITTED HAVING REGARD TO THE FACT THAT THE TAX EFFECT IS LESS THAN THAT SPECIFIED BY THE CIRCULAR ISSUED BY THE CBDT. 2. AGGRIEVED REVENUE FILED THIS PRESENT MISCELLANEOUS APPLICATION BY CONTENDING THAT AS PER THE CIRCULAR DATED 09.02.201 1, WHICH WAS CONSIDERED BY THE HON'BLE SUPREME COURT IN THE CASE OF SURYA H ERBAL LTD., IF THE ISSUE IS CASCADING IN NATURE, EVEN THOUGH IN ONE YEAR THE TAX EFFECT IS LESS THAN ` 3,00,000/-, THE SAME DESERVES TO BE CONSIDERED IF A N APPEAL IS FILED BY THE REVENUE TO CONTEST THE MOOT ISSUE. THE CASE WAS INI TIALLY ADJOURNED WITH A DIRECTION TO THE LEARNED D.R. TO FIND OUT WHETHER T HE ISSUE IS CASCADING IN NATURE. VIDE LETTER DATED 10.10.2012 THE APPLICANT ADMITS THAT A.Y. 2005-06 IS THE ONLY YEAR IN WHICH SCRUTINY ASSESSMENT WAS M ADE AND IN SUBSEQUENT YEARS NO SCRUTINY WAS MADE AND THEREFORE THE ISSUES WHICH ARE INVOLVED IN THIS YEAR WERE NOT INVOLVED IN THE SUBSEQUENT YEARS . MA NO. 250/MUM/2012 SHRI MAYUR B. JASANI 2 3. HAVING REGARD TO THE CIRCUMSTANCES OF THE CASE WE D O NOT FIND ANY MISTAKE APPARENT FROM RECORD IN THE ORDER DATED 4 TH OCTOBER 2011. WE, THEREFORE, DISMISS THE MISCELLANEOUS APPLICATION AS UNADMITTED. ORDER PRONOUNCED IN THE OPEN COURT ON 12 TH OCTOBER, 2012. SD/- SD/- (N.K. BILLAIYA) (D. MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDENT MUMBAI, DATED: 12 TH OCTOBER, 2012 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 24, MUMBAI 4. THE CIT 13, MUMBAI CITY 5. THE DR, B BENCH, ITAT, MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI N.P.