ITO 12(1)(4), MUMBAI V. INDRA KUMAR GUPTA, MUMBAI

MA 280/MUM/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 5122 (ITAT-MUMBAI)
• Duration Of Justice: 3 month(s) 29 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 14-12-2016
• Appeal Filed By: Department
• Bench Allotted: I
• Assessment Year: 2007-2008
• Appeal Filed On: 16-08-2016
• Court: TRIBUNAL
• Department Lawyers: SUMAN KUMAR
• Assessee Lawyers: UMA MAHADEVKA R
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL I , BENCH MUMBAI BEFORE: SHRI R.C.SHARMA, AM & SHRI AMARJIT SINGH , JM M.A.NO.2 8 0/MUM/2016 (ARISING OUT OF I.T.A.NO. 1332 /MUM/201 1 ) ( ASSESSMENT YEAR : 200 7 - 200 8 ) ITO - 12(1) - 4, MUMBAI VS. SHRI INDRA KUMAR GUPT A,C/O.M/S. INTER DYE INDUSTRIES, 114, KRISHNA COMMERCIAL CENTRE, 6, UDYOG NAGAR, OFF. S.V.ROAD, NEAR MTNL / FLYOVER, GOREGAON (W), MUMBAI - 400062 PAN/GIR NO. : AAAPG8611K ( APPELLANT ) .. ( RESPONDENT ) REVENUE BY : SHR I SUMAN KUMAR ASSESSEE BY : SMT. UMA MAHADEVKAR DATE OF HEARING : 02 / 1 2 /2016 DATE OF PRONOUNCEMENT : 14 / 12 /2016 / O R D E R PER R.C.SHARMA (A.M) : TH IS M.A IS FILED BY THE REVENUE IN RESPECT OF ORDER PASSED BY THE TRIBUNAL DATED 0 4 /0 2 /2006 IN ITA NO.1332/MUM/2011 FOR THE ASSESSMENT YEAR 2007 - 08. 2. THROUGH THIS MA, THE REVENUE HAS CONTENDED THAT APPEAL OF THE REVENUE WAS DISMISSED BY THE TRIBUNAL ON THE GROUND OF LOW TAX EFFECT I.E., TAX EFFECT LESS THAN RS.10 LAKHS AS PER CIRCULAR NO.21/2015 DATED 10/12/2015. 3. AS PER LEARNED D R, THE TAX EFFECT IN THIS APPEAL WORKS OUT TO BE MORE THAN 10 LAKHS, THEREFORE, THERE IS A N APPARENT MISTAKE IN THE ORDER OF THE TRIBUNAL, SO FAR AS IT HAS WRONGLY FOLLOWED THE ABOVE CIRCULAR FOR DISMISSING REVENUES APPEAL. 2 M.A.NO. 28 0 - 201 6 , (ARISING OUT OF I TA NO. 1332 - 2011 ) SHRI INDRA KUMAR GUPTA 4. ON THE OTHER HAND, IT WAS CONTENDED BY LEARNED AR THAT AT THE TIME OF HEARING OF THIS APPEAL, LEARNED DEPARTMENT AL REPRESENTATIVE AGREED TO THE CONTENTION OF TAX EFFECT BEING LESS THAN RS.10 LAKHS, THEREFORE, THERE IS NO MISTAKE IN TH E ORDER OF THE TRIBUNAL. 5. OUR ATTENTION WAS ALSO INVITED TO THE MERIT OF THE ADDITION AND THE FINDINGS RECORDED BY CIT(A), ACCORDING TO WHICH THE ADDITION SO MADE HAS BEEN CORRECTLY DELETED BY CIT(A). 6. WE HAVE CONSIDERED RIVAL CONTENTIONS AND CAREFULLY GONE THROUGH THE ORDER OF THE TRIBUNAL DATED 04/02/2016 IN ITA NO.1332/MUM/2011 AND FOUND THAT APPEAL OF REVENUE HAS BEEN DISMISSED ON THE PLEA THAT TAX EFFECT WORKS OUT TO BE LESS THAN RS.10 LAKHS. HOWEVER, WE FOUND THAT TAX EFFECT IN RESPECT OF ADDITION S DELETED BY CIT(A) WORKS OUT TO BE MORE THAN RS.10 LAKHS, ACCORDINGLY, THIS REVENUE APPEAL IS NOT COVERED BY CBDT CIRCULAR NO.21/2015 DATED 10/12/2015. THUS, THERE IS AN APPARENT MISTAKE IN THE ORDER OF THE TRIBUNAL. WE THEREFORE, RECALL THE ORDER DATED 0 4/02/2016 AND DIRECT THE REGISTRY TO REFIX THE APPEAL FOR HEARING ON MERITS. LEARNED AR HAS ALL THE RIGHTS FOR ARGUING THE APPEAL ON MERIT. WE DIRECT ACCORDINGLY. 7. IN THE RESULT, MA FILED BY THE REVENUE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON T HIS 14 / 12 /2016 . SD/ - ( AMARJIT SINGH ) SD/ - (R.C.SHARMA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 14 / 12 /2016 3 M.A.NO. 28 0 - 201 6 , (ARISING OUT OF I TA NO. 1332 - 2011 ) SHRI INDRA KUMAR GUPTA 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. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE. //TRUE COPY//