JOINT COMMISSIONER OFINCOME TAX (OSD) CIRCLE 7 (3) (2), MUMBAI V. PHARMACEUTICAL RESEARCH ASSOCIATION INDIA PRIVATE LIMITED, MUMBAI

MA 406/MUM/2018

• Counselvise Citation: [2018] 111 COUNSELVISE.COM (IT) 1561 (ITAT-MUMBAI)
• Duration Of Justice: 6 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 21-12-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2005-2006
• Appeal Filed On: 04-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MANISH KUMAR SINGH
• Keywords: Tax effect
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH C , MUMBAI BEFORE SHRI C.N. PRASAD , JUDICIAL MEMBER AND SHRI RAJESH KUMAR , ACCOUNTANT MEMBER M A NO. 406 /M/20 18 (ARISING OUT OF ITA NO. 1645 /M/ 201 4 ) ASSESSMENT YEAR: 200 5 - 0 6 JT. COMMISSIONER OF INCOME TA X (OSD), CIRCLE - 7(3)(2), 623, 6 TH FLOOR, AAYAK AR BHAVAN, M.K. ROAD, MUMBAI 400 020 VS. M/S. PHARMACEUTICAL RESEARCH ASSOCIATION INDIA P. LTD. (FORMERLY KNOWN AS STERLING SYNERGY SYSTEMS PVT. LTD.), THE QUBE, A - 602/603, CTS NO.1498A/2, M.V. ROAD, MAROL, ANDHERI (E), MUMBAI 400 05 9 PAN: AA ACH2914F (APPELLANT) (RESPONDENT) PRESENT FOR: ASSESSEE BY : SHRI RUSHABH MEHTA , A.R. REVENUE BY : SHRI MANISH KUMAR SINGH , D.R. DATE OF HEARING : 21.12 .2018 DATE OF PRO NOUNCEMENT : 2 1 .12 . 2018 O R D E R PER RAJESH KUMAR , ACCOUNTANT MEMBER: BY WAY OF THIS MISCELLANEOUS APPLICATION , THE REVENUE SEEKS THE REVISION IN THE ORDER DATED 21.03.2016 PASSED IN ITA NO. 1645 /M/201 4 A.Y. 200 5 - 0 6 . 2. THE LD. D .R. SUBMITTED THA T THE TAX EFFECT INVOLVED IN THE ADDITION MADE OF RS.28,92,690/ - WORKS OUT TO RS.10,32,690/ - AND HENCE THE MISCELLANEOUS APPLICATION WAS FILED ON THIS GROUND ONLY. HOWEVER, WHEN A QUERY WAS PUT TO THE LD. D.R. MA NO.406/M/2018 (ARISING OUT OF ITA NO.1645/M/2014) M/S. PHARMACEUTICAL RESEARCH ASSOCIATION INDIA P. LTD., (FORMERLY KNOWN AS STERLING SYNERGY SYSTEMS PVT. LTD.) 2 THAT NOW IN VIEW OF THE CIRCULAR NO.3/2008 DA TED 11.07.2018 THE MONETARY LIMIT FOR FILING THE APPEAL BEFORE THE TRIBUNAL HAS BEEN ENHANCED TO RS.20 LAKHS, THE LD. D.R. FAIRLY CONCEDED THAT IN VIEW OF THE REVISED CIRCULAR ALSO THE MISCELLANEOUS APPLICATION OF THE REVENUE IS NOT MAINTAINABLE. 3. WE HA VE HEARD THE RIVAL SUBMISSIONS OF BOTH THE PARTIES AND PERUSED THE MATERIAL ON RECORD . A FTER EXAMINING THE FACTS ON RECORD AND THE CIRCULAR NO.3/2008 DATED 11.07.2018 , WE OBSERVE THAT THE MONETARY LIMIT FOR FILING THE APPEAL BEFORE THE TRIBUNAL HAS BEEN I NCREASED TO RS.20 LAKHS AND THEREFORE THE MISCELLANEOUS APPLICATION OF THE REVENUE IS NOT MAINTAINABLE AND ACCORDINGLY THE SAME IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 2 1 .12 . 201 8 . SD/ - SD/ - ( C.N. PRASAD ) ( RA JESH KUMAR ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 2 1 .12 . 201 8 . * KISHORE , SR. P.S. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT ( A) CONCERNED, MUMBAI THE DR CONCERNED BENCH //TRUE COPY// [ BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.