ACIT CIR 2(3)(1), MUMBAI V. CANVAS M TECHNOLOGIES LTD, MUMBAI

MA 288/MUM/2020

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 4925 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 3 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 24-03-2022
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: K
• Assessment Year: 2011-2012
• Appeal Filed On: 21-12-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

THE INCOME TAX APPELLATE TRIBUNAL “K” Bench, Mumbai Shri Shamim Yahya (AM) & Shri Vikas Awasthy (JM) M.A. No. 288/Mum/2020 arising out of I.T.A. No. 7163/Mum/2016 (A.Y. 2011-12) ACIT, Circle-2(3)(1) Room No. 552 5 th Floor Aayakar Bhavan M.K. Road Mumbai-400 020. Vs. Canvas M. Technologies Ltd. (Now known as M.S. Tech Mahindra Ltd.) Gateway Building, Oppollo Bunder, Mumbai-400 001. PAN : AACCC8665N (Appellant) (Respondent) Assessee by Shri Ajit Kumar Department by Shri Viral Shah Date of Hearing 07.01.2022 Date of Pronouncement 25.03.2022 O R D E R Per Shamim Yahya (AM): By way of this Miscellaneous Application Revenue seeks recall of the order of this Tribunal in Income Tax Appeal No. 7163/Mum/2016 vide order dated 16.12.2019 for A.Y.2011-12. 2. We have heard both the counsel and perused the records. It has been pleaded that the ITAT has dismissed the Revenue’s appeal as non- maintainable on account of low tax effect. However it has now been pointed out by the Revenue that the tax effect is not below Rs. 50 lakhs in this case. Hence, it is prayed that the ITAT order may be recalled. 3. Learned AR fairly accepted the proposition. Accordingly, the above said order of the Tribunal is duly recalled. The registry is directed to fix the appeal for hearing in normal course. Canvas M. Technologies Ltd. (Now known as M.S. Tech Mahindra Ltd.) 2 4. In the result, Miscellaneous Application stands allowed. Order pronounced in the open court on 25.3.2022. Sd/- Sd/- (VIKAS AWASTHY) (SHAMIM YAHYA) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated : 25/03/2022 Copy of the Order forwarded to : 1. The Appellant 2. The Respondent 3. The CIT(A) 4. CIT 5. DR, ITAT, Mumbai 6. Guard File. BY ORDER, //True Copy// (Assistant Registrar) PS ITAT, Mumbai