DCIT CC-6(2), MUMBAI V. M/S.SAMIRA GATEWAYS & PROPERTIES PRIVATE LIMITED, MUMBAI

MA 262/MUM/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 2667 (ITAT-MUMBAI)
• Duration Of Justice: 1 month(s) 26 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-06-2019
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2011-2012
• Appeal Filed On: 11-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: CHAITANYA ANJARIA LD
• Assessee Lawyers: RITESH JAIN LD
• Keywords: Audit objection; Tax effect; Reassessment proceedings

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY, JM AND SHRI MANOJ KUMAR AGGARWAL, AM MISCELLANEOUS APPLICATION NO.262/MUM/2019 [ARISING OUT OF I.T.A. NO.1752/MUM/2018] ( / ASSESSMENT YEAR: 2011-12) & MISCELLANEOUS APPLICATION NO.263/MUM/2019 [ARISING OUT OF I.T.A. NO.1750/MUM/2018] ( / ASSESSMENT YEAR: 2009-10) & MISCELLANEOUS APPLICATION NO.264/MUM/2019 [ARISING OUT OF I.T.A. NO.1751/MUM/2018] ( / ASSESSMENT YEAR: 2010-11) & MISCELLANEOUS APPLICATION NO.265/MUM/2019 [ARISING OUT OF I.T.A. NO.1753/MUM/2018] ( / ASSESSMENT YEAR: 2012-13) D CIT - CENT RAL CIRCLE - 6(2) ROOM NO.1903, 19 TH FLOOR AIR INDIA BUILDING, NARIMAN POINT MUMBAI-400 021 / VS. M/S. SAMIRA GATEWAYS & PROPERTIES PVT.LTD. G. SHRIKANT CHAMBERS, SION TROMBAY ROAD, NEXT TO R.K. STUDIOS MUMBAI-400 071 ./ ./ PAN/GIR NO. AABCS-1678-L ( /APPELLANT ) : ( / RESPONDENT ) REVENUE BY : SHRI CHAITANYA ANJARIA-LD.DR ASSESSEE BY : SHRI RITESH JAIN- LD. AR DATE OF HEARING : 07/06/2019 DATE OF PRONOUNCEMENT : 07/06/2019 2 / O R D E R MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. BY WAY OF THESE APPLICATIONS, THE REVENUE SEEKS RECALL OF COMMON ORDER OF TRIBUNAL ITA NOS. 1750-1753/MUM/2018 DATED 10/08/2018, PASSED IN REVENUES APPEALS, IN CASE OF CAPTIONED ASSESSEE FOR ASSESSMENT YEARS 2009-10 TO 2012-13. 2. DRAWING OUR ATTENTION TO THE APPLICATIONS, LD. D EPARTMENTAL REPRESENTATIVE [DR], SUBMITTED THAT THE REVENUES A PPEALS WERE DISMISSED KEEPING IN VIEW LOW-TAX EFFECT CIRCULAR NO. 03/2018 ISSUED BY CBDT ON 11/07/2018 AND A LIBERTY WAS GRANTED TO THE REVENUE TO SEEK RECALL OF THE ORDER IN CASE, THE MATTER WAS FOUND TO BE COVERED B Y ANY OF THE EXCEPTIONS GIVEN IN THE SAID CIRCULAR. 3. IN THE ABOVE BACKGROUND, OUR ATTENTION HAS BEEN DRAWN TO THE FACT THAT REASSESSMENT PROCEEDINGS WERE INITIATED BY ACCEPTIN G THE REVENUE AUDIT OBJECTIONS AND THEREFORE, THE FACTS OF THE CASE WER E COVERED BY EXCEPTION (C) OF CLAUSE 10 OF THE SAID CIRCULAR WHICH READ AS UNDER: - 10. ADVERSE JUDGMENTS RELATING TO THE FOLLOWING ISS UES SHOULD BE CONTESTED ON MERITS NOTWITHSTANDING THAT THE TAX EFFECT ENTAILED IS LESS THAN THE MONETARY LIMITS SPECIFIED IN PARA 3 ABOVE OR THERE IS NO TAX EFFECT : - . (C) WHERE REVENUE AUDIT OBJECTION IN THE CASE HAS B EEN ACCEPTED BY THE DEPARTMENT, OR . THE LD. AUTHORIZED REPRESENTATIVE FOR ASSESSEE [AR] COULD NOT CONTROVERT THE SAID FACTUAL POSITION. 3 4. FINDING MERITS IS REVENUES SUBMISSIONS, THE AFO RESAID ORDER OF THE TRIBUNAL ITA NOS. 1750-1753/MUM/2018 DATED 10/08/20 18 STANDS RECALLED FOR FRESH HEARING ON MERITS. THE REGISTRY IS DIRECT ED TO FIX THE APPEALS FOR FRESH HEARING IN DUE COURSE AFTER GIVING DUE INTIMA TION TO BOTH THE PARTIES. 5. ALL THE APPLICATIONS STAND ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 07 TH JUNE, 2019. SD/- SD/- (SAKTIJIT DEY) (MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 07.06.2019 SR.PS:- JAISY VARGHESE / COPY OF THE ORDER FORWARDED TO : 1. !' / THE APPELLANT 2. #$!' / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT CONCERNED 5. #( , ( , / DR, ITAT, MUMBAI 6. *+ / GUARD FILE / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI