THE ITO-24(2)(5), Mumbai V. M/S MONARCH LOGISTIC SHIPPING AGENCY, Mumbai

MA 322/MUM/2021

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 4422 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 9 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-05-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2007-2008
• Appeal Filed On: 29-12-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, ‘D‘ BENCH MUMBAI BEFORE: SHRI M.BALAGANESH, ACCOUNTANT MEMBER & SHRI RAHUL CHAUDHARY, JUDICIAL MEMBER M.A. No.322/Mum/2021 (Arising out of MA No.159/Mum/2020) (Asse ssment Year :2007-08) ITO-24(2)(5) R.No.611, Piramal Chambers Lalbaugh, Parel Mumbai-400 012 Vs. M/s. Monarch Logistic Shipping Agency 1 st Floor, Rangoli Complex Sahar Airport Andheri (E) Mumbai – 400 099 PAN/GIR No.AAIFM4694E (Appellant) .. (Respondent) Revenue by Shri Tejinder Pal Singh Assessee by None Date of Hearing 01/04/2022 Date of Pronouncement 09/ 05/2022 आदेश / O R D E R PER M. BALAGANESH (A.M): By virtue of this Miscellaneous Application, the Revenue seeks to recall the order passed by this Tribunal u/s.254(2) of the Act in MA No.159/Mum/2020 dated 26/03/2021. 2. At the outset, we find that this Tribunal had disposed of the Revenue appeal in ITA No.1948/Mum/2019 dated 21/08/2019 dismissing MA No. 322/Mum/2021 M/s. Monarch Logistic Shipping Agency 2 the appeal of the Revenue on the ground of low tax effect. Thereafter, the Revenue preferred the MA No.159/Mum/2020. This Miscellaneous Application was disposed of by this Tribunal vide its order dated 26/03/2021 on the ground that the Revenue was not able to point out as to how the said appeal falls within the exceptions provided in para 10 of the CBDT Circular No.3/2018 dated 11/07/2018. Now, we find that the Revenue is filing its present Miscellaneous Application against the M.A order passed on 26/03/2021. In our considered opinion, only the order passed u/s.254(1) of the Act could be subject matter of rectification / recall u/s.254(2) of the Act. Since the Miscellaneous Application order dated 26/03/2021 is passed u/s.254(2) of the Act, the same cannot be again subjected to rectification u/s.254(2) of the Act as per the law. In other words, there cannot be any M.A on M.A. 3. In the result, Miscellaneous Application preferred by the Revenue is dismissed. Order pronounced on 09/ 05/2022 by way of proper mentioning in the notice board. Sd/- (RAHUL CHAUDHARY) Sd/- (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated 09/ 05 /2022 KARUNA, sr.ps MA No. 322/Mum/2021 M/s. Monarch Logistic Shipping Agency 3 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//