DY CIT 1 (3)(2), MUMBAI V. M/S UNI DERITEND LTD., MUMBAI

MA 250/MUM/2022

AI Insights

The case involves the Deputy Commissioner of Income Tax (DCIT) as the appellant and M/s Uni Deritend Ltd. as the respondent. Initially, the Tribunal dismissed the Revenue's appeal due to the low tax effect, following Circular No. 17 of 2019. However, subsequent to the reopening of the assessment for the Assessment Year 2010-11 based on accepted audit objections, the Revenue filed a Miscellaneous Application seeking restoration of the appeal. The Tribunal, considering the specific circumstances and the cited instructions, allowed the application, thereby restoring the appeal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 113488 (ITAT-MUMBAI)
• Duration Of Justice: 3 month(s) 23 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 11-01-2023
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: F
• Next Hearing Date: 20-10-2022
• Assessment Year: 2010-2011
• Appeal Filed On: 19-09-2022
• Laws Referred To: Circular No. 17 of 2019, Instruction No. 3 of 2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Audit objection

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL "F" BENCH, MUMBAI SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY, JUDICIAL MEMBER MA No. 250/MUM/2022 (Arising out of ITA No. 6899/Mum/2019) (Assessment Year: 2010-11) Dy. Commissioner of Income Tax – 1(3)(1), Mumbai, Room No. 535, 5 th Floor, Aaykar Bhawan, M.K. Road, Mumbai - 400020 M/s Uni Deritend Ltd., 3 rd Floor, Liberty Building, Sir Vitthaldas Thackersey Marg, New Marine Lines, Mumbai - 400020 [PAN: AAACU0028K] .................. Vs .................. Appellant Respondent Appearances For the Respondent/Department For the Appellant/Assessee : : Shri Samuel Pitta Shri Sanjay Parikh Date of conclusion of hearing Date of pronouncement of order : : 21.10.2022 12 .01.2023 O R D E R Per Rahul Chaudhary, Judicial Member: 1. The present Miscellaneous Application has been filed by the Revenue for rectification of order, dated 22.06.2021, passed by the Tribunal in ITA No. 6899/Mum/2019, Assessment Year 2010- 11. 2. We have considered the submission advanced by both the sides and perused the material on record. The appeal preferred by Revenue (ITA No. 6899/Mum/2019) for the Assessment Year MA No. 250/Mum/2022 Assessment Year: 2010-11 2 2010-11 was dismissed by the Tribunal on account of low tax effect in view of Circular No. 17 of 2019, dated 08.08.2019, issued by Central Board of Direct Taxes (CBDT). However, since the assessment for the Assessment Year 2010-11 was reopened on the basis of audit objections which has been accepted by the Assessing Officer, the appeal fell under exceptions mentioned in paragraph 10(c) of Instruction No. 3 of 2018, dated 11.07.2018. Accordingly, the present application seeking restoration of appeal is allowed. 3. In result, the present Miscellaneous Application filed by the Revenue is allowed. Order pronounced on 12.01.2023. Sd/- Sd/- (Prashant Maharishi) Accountant Member (Rahul Chaudhary) Judicial Member म ुंबई Mumbai; दिन ुंक Dated : 12.01.2023 Alindra, PS MA No. 250/Mum/2022 Assessment Year: 2010-11 3 आदेश की प्रतितिति अग्रेतिि/Copy of the Order forwarded to : 1. अपील र्थी / The Applicant 2. प्रत्यर्थी / The Respondent. 3. आयकर आय क्त(अपील) / The CIT(A)- 4. आयकर आय क्त / CIT 5. दिभ गीय प्रदिदनदि, आयकर अपीलीय अदिकरण, म ुंबई / DR, ITAT, Mumbai 6. ग र्ड फ ईल / Guard file. आिेश न स र/ BY ORDER, सत्य दपि प्रदि //True Copy// उप/सह यक पुंजीक र /(Dy./Asstt. Registrar) आयकर अपीलीय अदिकरण, म ुंबई / ITAT, Mumbai