ACIT, CIR.-2(2)(1), MUMBAI V. STATE BANK OF SAURASHTRA (NOW MERGED WITH SBI), MUMBAI

MA 250/MUM/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 5015 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 14-10-2016
• Appeal Filed By: Department
• Bench Allotted: A
• Assessment Year: 2006-2007
• Appeal Filed On: 27-07-2016
• Court: TRIBUNAL
• Department Lawyers: B SATYANARAYANA RAJU
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A , BENCH MUMBAI BEFORE: SHRI R.C.SHARMA, AM & SHRI PAWAN SINGH , JM M.A.NO.2 50/MUM/2016 I.T.A.NO. 5337 /MUM/201 5 ( ASSESSMENT YEAR : 200 6 - 200 7 ) ACIT CIRCLE 2(2)(1), MUMBAI - 400020 VS. STATE BANK OF SAURASHTRA (NOW MERGED WITH SBI), FINANCIAL REPORTING AND TAXATION, 3 RD FLOOR, STATE BANK BHAVAN, MADAM CAMA ROAD, MUMBAI - 21 PAN/GIR NO. : A ACCS9880R ( APPELLANT ) .. ( RESPONDENT ) REVENUE BY : SHRI B. SATYANARAYANA RAJU ASSESSEE BY : SHRI C. NARESH DATE OF HEARING : 07 / 1 0/2016 DATE OF PRONOUNCEMENT : 14/10/2016 / O R D E R PER R.C.SHARMA (A.M) : TH IS M.A AROSE OUT OF ORDER OF TRIBUNAL DATED 21/12/2015 IN ITA NO.5337/ MUM/ 2015 . 2. THROUGH THIS MA , IT WAS CONTENDED BY LEARNED DR THAT ALL THE APPEALS FILED BY THE DEPARTMENT WAS DISMISSED BY TRIBUNAL ON THE GROUND OF TAX EFFECT, HOWEVER IN RESPECT OF ITA NO.5337/MUM/2015, THE TAX EFFECT IS MORE THAN 10 LAKHS, THEREFORE, NOT COVERED BY THE CBDT CIRCULAR DATED 10/12/2015. 2 M.A.NO. 250 - 201 6 , ITA NO. 5337 - 2015 ACIT VS. STATE BANK OF SAURASHTRA 3. WE HAVE G ONE THROUGH THE ORDER OF THE TRIBUNAL AND FOUND THAT ITA NO.5337/MUM/2015 FILED BY THE REVENUE IS HAVING TAX EFFECT OF MORE THAN 10 LAKHS, THEREFORE, NOT COVERED BY THE CBDT CIRCULAR NO.21/15 DATED 10/12/2015. 4. DISMISSING THE APPEAL OF REVENUE ON THE GRO UND OF TAX EFFECT AMOUNTS TO MISTAKE APPARENT FROM RECORD. ACCORDINGLY, WE RECTIFY THE MISTAKE APPARENT AND RECALL THE ORDER OF THE TRIBUNAL IN ITA NO.5337/MUM/2015 AND REGISTRY IS DIRECTED TO FIX THE APPEAL FOR HEARING ON 24/10/2016. THE DATE WAS PRONOUNC ED IN OPEN COURT. NO SEPARATE NOTICE BE ISSUED. 5. IN THE RESULT, MA IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 14/10 /2016 . S D/ - ( PAWAN SINGH ) S D/ - (R.C.SHARMA) JUDICIAL MEMBER ACCOUNTANT M EMBER MUMBAI ; DATED 14 / 10 / 2016 KARUNA , SR. PS / COPY OF THE ORDER FORWARDED TO : / BY ORDER, / ( ASSTT. REGISTRAR) , / ITAT, MUMBAI 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A), MUMBAI. 4. / C IT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE. //TRUE COPY//