ITO 2(2)(3), MUMBAI V. MANSOON TRADING CO. LTD, MUMBAI

MA 27/MUM/2019

• Counselvise Citation: [2019] 111 COUNSELVISE.COM (IT) 5282 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 9 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 28-06-2019
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2011-2012
• Appeal Filed On: 18-01-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S K MISHRA
• Keywords: Tax effect
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES D , MUMBAI BEFORE S HRI SHAMIM YAHYA (AM) AND SHRI RAM LAL NEGI (JM) M .A. N O. 27 / MUM /2019 ( ARISING OUT OF ITA N O. 1986 /MUM /201 7 ) ( ASSESSMENT YEAR : 2011 1 2 ) M.A. NO. 28 / MUM /2019 ( ARISING OUT OF ITA N O. 1987 /MUM /201 7 ) ( ASSESSMENT YEAR : 2012 1 3 ) THE INCOME TAX OFFICER, WARD - 2(2)(3), ROOM NO. 542, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI - 400020 VS. M/S MONSOON TRADING CO. LTD., COMMERCE HOUSE, 4 TH FLOOR, 3, CURRIMBHOY ROAD, MUMBAI - 400001 PAN: AABCM4 940K (APPELLANT) (RESPONDENT) REVENUE BY : SHRI S.K. MISHRA (D R) ASSESSEE BY : SHRI YOGESH JOIJODE (A R) DATE OF HEARING: 22/03 /201 9 DATE OF PRONOUNCEMENT: 28 / 06 /201 9 O R D E R PER RAM LAL NEG I, JM THE REVENUE HAS FILED THE PRESENT MISCELLANEOUS APPLICATION S FOR RECALLIN G ORDER DATED 10.09.2018 PASSED IN APPEAL S OF THE REVENUE ITA NO . 1986 AND 1987 /M UM /2017 PERTAI NING TO THE ASSESSMENT YEAR S 2011 - 12 AND 2012 - 13 RESPECTIVELY. 2. THE LD. DEPARTM ENTAL REPR ESENTATIVE SUBMITTED BEFORE US THAT THE TRIBUNAL HAS DISMISSED THE SAID APPEALS OF THE REVENUE ON THE GROUND THAT THE TAX EFFECTS IN THE SAID APPEALS ARE BELOW 20 LAKHS AND AS PER THE CBDT CIRCULAR NO 3/2018 DATED 11.07.2018, THE SAID APPEALS ARE NOT MAINTAINABLE , CONTRARY TO THE FACT THAT THE TAX EFFECTS IN THE SAID APPEALS EXCEED THE LIMIT OF 2 M.A. NO S . 27 AND 28/MUM/2019 ASSESSMENT YEAR S : 2011 - 12 AND 2012 - 1 3 20 LAKHS IN BOTH THE CASES. THE LD. DR FURTHER SUBMITTED THAT THE MISTAKE APPARENT ON THE RECORD IS REQUIRED TO BE RECTIFIED. 3. THE LD. COUNSEL FOR THE AS SESSEE DID NOT OPPO SE THE SUBMISSIONS OF THE LD DR AND FAIRLY ADMITTED THAT THE TAX EFFECT IN BOTH THE APPEALS EXCEED THE LIMIT OF 20 LAKHS. 4 . WE HAVE PERUSED THE RECORD IN THE LIGHT OF THE SUBMISSIONS MADE BY THE LD. DR. WE FIND THAT THE TAX EFFECTS IN B OTH THE APPEALS ARE MORE THAN RS. 20 LAKHS. HENCE, IN OUR CONSIDERED VIEW, THE MISTAKE APPARENT IN THE ORDER PASSED BY THE TRIBUNAL IS REQUIRED TO BE RECTIFIED BY CALLING THE ORDER FOR FRESH HEARING BY A REGULAR BENCH. 4. WE THEREFORE , ALLOW THE MISCELLANE OUS APPLICATIONS FILED BY THE REVENUE AND RECALL THE ORDER DATED 10.09.2018, PASSED BY THE D BENCH OF THE TRIBUNAL FOR DECIDING THE APPEALS AFRESH BY A REGULAR BENCH OF THE TRIBUNAL IN THE ORDINARY COURSE. ACCORDINGLY, WE DIRECT THE REGISTRY TO FIX THE APPEALS OF THE REVENUE FOR FRESH HEARING BY THE BENCH. IN THE RESULT, MISC. APPLICATION S FILED BY THE REVENUE FOR A SSESSMENT YEAR 2011 - 12 AND 2012 - 13 ARE ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 28 TH JUNE , 2019 . SD/ - SD/ - ( SHAMIM YAHYA ) ( RAM LAL NEGI ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 28 / 0 6 / 2019 ALINDRA, PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 4. / CIT 5. , , / DR, ITAT, MUMBAI 3 M.A. NO S . 27 AND 28/MUM/2019 ASSESSMENT YEAR S : 2011 - 12 AND 2012 - 1 3 6. / GUARD FILE . / BY ORDER, //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI