DCIT CC - 8 (4), MUMBAI V. VINA VIREN AHUJA, MUMBAI

MA 289/MUM/2020

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 4435 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 7 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 02-03-2021
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 23-12-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 14A; 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE S/SHRI SHAMIM YAHYA , ACCOUNTANT MEMBER AND S/SHRI AMARJIT SINGH, JUDICIAL MEMBER M.A. N O . 289 / M UM /20 20 (ARISING OUT OF ITA NO. 4930 /MUM/20 1 8 ) ( / ASSESSMENT YEAR : 20 13 - 14 ) DCIT CC - 8(4) ROOM NO.676, 6 TH FLOOR, AAYAKAR BHAVAN, M. K. ROAD, MUMBAI - 400020 . / VS. VINA VIREN AHUJA 1 NEELKANTHA TIRTH, RD NO.6, CHEMBUR, MUMBAI - 400071. / . / . PAN/GIR NO. : AAFPA4893E ( / APPELLANT ) / APPLICANT .. ( / RESPONDENT ) / DATE OF HEARING: 12 / 0 2 /202 1 /DATE OF PRONOUNCEMENT: 02 /03 / 20 21 ORDER PER AMARJIT SINGH, J M THIS ORDER SHALL DISPOSE OF THE PRESENT MISCELLA N EOUS APPLICATION BEARING NO. 289 /M UM/2020 MOVED BY APP LICANT ARISING OUT OF ITA. NO . 49 3 0 /MUM/201 8 RELEVANT TO THE A .Y. 2013 - 14 DECIDED ON DATED 12 . 0 9 .201 9 . 2. THE BRIEF FACTS OF THE PRESENT MISCELLANEOUS APPLICATION ARE THAT THE APPEAL OF THE REVENUE HAS BEEN ORDERED TO BE DISMISSED BY VIRTUE OF ORDER DATED 12.09.2019 BEARING ITA. NO.4930/MUM/2018 ON ACCOUNT OF TAX EFFECT BUT THE TAX EFFECT IN THE APPEAL WAS MORE THAN 50 LACS I.E. RS. 81,11,459/ - , THEREFORE, THE PRESENT MISCELLANEOUS APPLICATION HAS FILED TO RECALL THE ORDER DATED 12.09.2019 IN THE INTEREST OF JUSTICE. 4. NOTICE GIVEN. 5. WE HAVE HE ARD THE ARGUMENT ADVANCED BY THE LD. REPRESENTATIVE OF THE PARTIES AND PERUSED THE RECORD. THE CIT(A) HAS RESTRICTED THE ADDITION MADE ON ACCOUNT OF DISALLOWANCE U/S 14A OF RS. 2,95,48,700/ - TO THE EXTENT OF RS.32,98,024/ - AND DELETED THE ADDITION OF RS.2,6 2,50,676/ - . TAX ON THE DELETED REVENUE BY: SHRI VIJAY KUMAR MENON (DR) ASSESSEE. BY: SHRI BHUSAN SAKPAL (AR) M.A. N O. 289 / M UM /20 20 A.Y.2013 - 14 ADDITION OF RS.2,62,50,676/ - @ 30% COMES TO RS.78,75,209/ - , SURCHARGE @ 10% ON INCOME TAX AND EC @ 3% ON TAX COMES TO RS.2,36,256/ - THUS TOTAL TAX EFFECT ON THE ISSUE UNDER DISPUTE COMES TO RS.81,11,465/ - . I N VIEW OF THE SAID CIRCUMSTANCES, IT IS QUITE CORRECT THE TAX EFFECT IN THE APPEAL IS MORE THAN 50 LACS. HOWEVER, ON THE OTHER HAND, THE LD. REPRESENTATIVE OF THE ASSESSEE HAS VEHEMENTLY ADMITTED THESE FACTS. ACCORDINGLY, WE RECALL THE ORDER DATED 12.09.2019 BEARING ITA. NO . 4930 /MUM/201 8 RELEVANT TO THE A.Y.2013 - 14. T HE PRESENT MISCELLANEOUS APPLICATION IS HEREBY ALLOWED ACCORDINGLY AND THE REGISTRY IS HEREBY DI RECTED TO REFIX THE ITA. NO.4930/MUM/2019 IN DUE COURSE OF TIME /LAW . ACCORDINGLY, THE PRESENT MISCELLANEOUS APPLICA TION IS HEREBY ALLOWED . IN THE RESULT , THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS HEREBY ALLOWED . ORDER WAS PRON OUNCED IN TH E OPEN COURT ON 02 /03 / 202 1 SD/ - SD/ - ( SHAMIM YAHYA ) (AMARJIT SINGH) / ACCOUNTANT MEMBER /JUDICIAL MEMBER MUMBAI, DT: 02 /0 3 / 2021 V IJAY PAL SINGH (SR. PS) COPY TO : 1 . THE APPELLANT 2 . THE RESPONDENT 3 . THE CIT(A) 4 . THE CIT 5 . THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE, SMC , BENCH (TRUE COPY) BY ORDER ASSTT.REGISTRAR, ITAT, MUMBAI BENCHES