ASST CIT 12(1), V. BHAIDAS AMOLUK AND CO.,

MA 260/MUM/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9072 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-09-2012
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2004-2005
• Appeal Filed On: 26-04-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: V KRISHNAMOORTHY
• Assessee Lawyers: NIKHIL KATARIA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES B , MUMBAI B EFORE SHRI DINESH KUMAR AGARWAL, J.M. AND SHIRI RAJENDRA SINGH, A.M. M. A . NO. : 260 /MUM/201 2 (ARISING OUT OF ITA NO. 4257 /MUM/20 09 ) ASS ESSMEN T YEAR : 200 4 - 0 5 ACIT 12(1) ROOM NO.117, AA YAKAR BHAVAN, M.K. MARG, MUMBAI - 400 020 VS. M/S. BHAI DAS AMOLUK & CO. C/O. M/S. BHAICHAND AMOLUK & CO. COMMERCIAL UNION HOUSE, 9, WALLACE STREET, FORT, MUMBAI - 400 001 PAN NO: AADFB 5868 Q (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI V. KRISHNAMOORTHY RESPONDENT BY : SHRI NIKHIL KATARIA DATE OF HEARING : 07.09 .2012 DATE OF PRONOUNCEMENT : 07.09.2012 ORDER PER RAJENDRA SINGH (AM) : THIS MISCELLANEOUS APPLICATION HAS BEEN FILED BY THE REVENUE REQUESTING FOR RECALL OF THE ORDER DATED 17.08.2011 OF THE TRIBUNAL IN ITA NO. 4257 /MUM/20 0 9 . IN THE SAID ORDER , THE TRIBUNAL HAD DISMISSED THE APPEAL OF THE REVENUE AS NOT MAINTAINABLE ON THE GROUND THAT TAX EFFECT INVOLVED IN THE APPEAL WAS LESS THAN `. 3,00,000/ - AND THE APPEAL WAS M.A. NO : 260 / MUM/201 2 M/S. BHAICHAND AMOLUK & CO. 2 THUS NOT MAINTAINABLE IN VIEW OF THE CBDT INSTRUCTION 3 OF 2011 DATED 09.02.2011. THE REVENUE IN THE MISCELLANEOUS APPLICATION HAS SUBMITTED THAT THE TAX EFFECT WAS MORE THAN RS. 3,00,000/ - AND, THEREFORE, THERE WAS AN APPARENT MISTAKE IN THE ORDER OF THE TRIBUNAL. IT HA S ACCO RDINGLY BEEN REQUESTED THAT THE ORDER MAY BE RECALL ED . 2 . WE HAVE HEARD BOTH THE PARTIES PERUSED THE RECORDS AND CONSIDERED THE MATTER CAREFULLY. THE LD. AR FOR THE ASSESSEE FAIRLY CONCEDED THAT TAX EFFECT WAS MORE THAN `. 3,00,000/ - AS POINTED BY THE REV ENUE . TH EREFORE, THERE IS AN APPARENT MISTAKE IN THE ORDER OF THE TRIBUNAL IN DISMISSING THE APPEAL AS NOT MAINTAINABLE ON THE GROUND OF LOW TAX EFFECT. WE, THEREFORE, RECALL THE ORDER DATED 17.08.2011 OF THE TRIBUNAL FOR FRESH ADJUDICATION OF THE APPEAL WHICH WOULD BE FIXED FOR HEARING IN THE NORMAL COURSE. 3 . IN THE R ESULT, THE MISCELLANEOUS APPLICATION OF THE ASSESSEE STANDS ALLOWED . 4 . THE ORDER WAS PRONOUNCED IN THE OPEN COURT ON TODAY I.E. 7 TH SEPTEMBER , 2012. SD/ - SD/ - ( D. K. AGARWAL ) ( RAJENDR A SINGH ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DT: 07.09. 2012 M.A. NO : 260 / MUM/201 2 M/S. BHAICHAND AMOLUK & CO. 3 COPY FORWARDED TO : 1. THE APPELLANT, 2. THE RESPONDENT, 3. THE C.I.T. 4. CIT (A) 5. THE DR, SMC - BENCH, ITAT, MUMBAI //TRUE COPY// BY ORDER ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI ROSHANI