DCIT (IT) 3(2)(1), MUMBAI V. MARUBENI CORPORATION , MUMBAI

MA 327/MUM/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 0648 (ITAT-MUMBAI)
• Duration Of Justice: 3 month(s) 27 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2004-2005
• Appeal Filed On: 20-05-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N HEMALATHA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES I, MUMBAI BEFORE SHRI RAJESH KUMAR, ACCOUNTANT MEMBER AND SHRI RAVISH SOOD, JUDICIAL MEMBER M.A NO. 327/MUM/2019 (ARISING OUT OF ITA NO.5342/MUM/2017) ASSESSMENT YEAR : 2004-05 DCIT-(IT)-3(2)(1), MUMBAI VS. M/S.MARUBENI CORPORATION, C/O.M/S.MARUBENI INDIA PVT. LTD., 25, MITTAL CHAMBERS, 2 ND FLOOR, NARIMAN POINT, MUMBAI [PAN : AAACM7682D] (APPLICANT) (RESPONDENT) APPLICANT BY : MS. N. HEMALATHA, SR.DR RESPONDENT BY : NONE DATE OF HEARING : 23-08-2019 DATE OF PRONOUNCEMENT : 16-09-2019 O R D E R PER RAJESH KUMAR, A.M: THIS MISCELLANEOUS APPLICATION IS PREFERRED BY THE REVENUE IN ITA NO.5342/MUM/2017 AGAINST THE ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-57, MUMBAI, FOR THE AY.2004-05. 2. THE SAID APPEAL OF THE REVENUE WAS DISMISSED AS H AVING LOW TAX EFFECT NOT EXCEEDING RS.20 LAKHS, BY FOLLOW ING THE CBDT CIRCULAR NO.03/2018 [F.NO.279/MISC.142/2007-IT (PT)], DATED 11-07-2018, ALONGWITH OTHER GROUP OF A PPEALS BY THE CO-ORDINATE BENCH, VIDE CONSOLIDATED ORDER DT.21- 08-2018. MA NO. 327/MUM/2019 : 2 : 3. AGAINST THE SAID ORDER OF ITAT DT.21-08-2018, THE REVENUE HAS FILED THIS MISCELLANEOUS APPLICATION BEF ORE THE ITAT, BY STATING THAT THE TAX EFFECT INVOLVED IS MORE THAN RS.20 LAKHS. 4. NOW, AS PER THE LATEST CBDTS CIRCULAR NO.03/2018 DATED 11-07-2018 AND CIRCULAR NO.17 OF 2019 DATED 9 TH AUGUST, 2019, THE TAX LIMIT FOR FILING OF APPEAL BY THE REVENUE BEFORE THE TRIBUNAL HAS BEEN FIXED AT RS.50 L AKHS AND THEREFORE, THE REVENUE REQUESTED THE BENCH TO ALLOW THE REVENUE TO WITHDRAW THIS MISCELLANEOUS APPLICATION, SI NCE THE TAX EFFECT IN THIS APPEAL IS MORE THAN RS.20 LAKHS BUT L ESS THAN RS.50 LAKHS. 5. AFTER HEARING THE LD.DR AND PERUSING THE RECORDS BE FORE US, WE FIND THAT THE TAX EFFECT IS LESS THAN RS.50 LAKH S AND ACCORDINGLY THE MISCELLANEOUS APPLICATION IS DISMISS ED AS WITHDRAWN. 6. IN THE RESULT, THE MISCELLANEOUS APPLICATION OF REV ENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 16 TH SEPTEMBER, 2019 SD/- SD/- (RAVISH SOOD) (RAJESH KUMAR) / JUDICIAL MEMBER / ACCOUNTANT MEMBER /MUMBAI; /DATED : 16-09-2019 TNMM MA NO. 327/MUM/2019 : 3 : / COPY OF THE ORDER FORWARDED TO : 1. !' / THE APPLICANT 2. #!' / THE RESPONDENT 3. $ % ( ) / THE CIT(A), MUMBAI 4. $ % / CIT, MUMBAI 5. ()* +, , $ .+,$/ , / DR, ITAT, MUMBAI 6. *012 / GUARD FILE $ / BY ORDER, # //TRUE COPY// / $ (DY./ASST. REGISTRAR) $ .+,$/, / ITAT, MUMBAI