A.C.I.T. - 3(1)(2), MUMBAI V. CORAL INDIA FINANACE AND HOUSING LTD, MUMBAI

MA 448/MUM/2019

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 5466 (ITAT-MUMBAI)
• Duration Of Justice: 1 month(s) 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 27-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 02-08-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KAVITA P KAUSHIK
• Keywords: Tax effect; Condonation of delay
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH C, MUMBAI BEFORE SHRI MAHAVIR SINGH, JUDICIAL MEMBER AND SHRI G. MANJUNATHA, ACCOUNTANT MEMBER MA NO. 448/MUM/2019 (OUT OF ITA NO. 6453/MUM/2017) : A.Y : 2011 - 12 ACIT - 3(1)(2), MUMBAI. (APPLICANT) VS. CORAL INDIA FINANCE AND HOUSING LIMITED, 4 TH FLOOR, DALAMAL HOUSE, NARIMAN POINT, MUMBAI. PAN : AAACC4449C (RESPONDENT) APPLICANT BY : MS. KAVITA P. KAUSHIK RESPONDENT BY : SHRI KUMAR KALE DATE OF HEARING : 27/09/2019 DATE OF PRONOUNCEMENT : 27 /09/2019 O R D E R PER MAHAVIR SINGH , JUDICIAL MEMBER AT THE OUTSET, IT IS NOTICED THAT THIS MISCELLANEOUS APPLICATION IS DELAYED BY 137 DAYS. THE FACTS ARE THAT THE TRIBUNAL PASSED AN ORDER DATED 10.08.2018 AND THE MISCELLANEOUS APPLICATION COULD BE FILED BEFORE THE TRIBUNAL ON/BEFORE 28.02.2019, HOWEVER, T HE MISCELLANEOUS APPLICATION IS ACTUALLY FILED BEFORE THE TRIBUNAL ON 02.08.2019, THERE BEING A DELAY OF 137 DAYS AS ON 15.07.2019. THE ACTUAL DELAY IS MORE THAN 154 DAYS. THE REVENUE HAS REQUESTED FOR CONDONATION OF DELAY VIDE PARA 3 OF THE MISCELLANEOU S APPLICATION AS UNDER : - 3. AS THE DATE OF HON'BLE ITAT ORDER IS 10.08.2018, THE MISCELLANEOUS APPLICATION IS TO BE FILED BEFORE THE HON'BLE ITAT, MUMBAI ON OR BEFORE 2 MA NO.448/MUM/2019 CORAL INDIA FINANCE & HOUSING LTD. 28.02.2018. HOWEVER, THE HON'BLE ITAT ORDER DATED 10 - 08 - 2018 IN ITA NO. 6453/MUM/2017 WAS RECEIVED IN THE OFFICE OF THE PRINCIPAL COMMISSIONER OF INCOME TAX - 3, MUMBAI ON 03 - 12 - 2018 AND THEREFORE LAST DATE FOR FILING OF APPEAL BEFORE THE HON'BLE BOMBAY HIGH COURT WAS 09 - 04 - 2019. THE DECISION TO FILE APPEAL MISCELLANEOUS APPLICATION BEFORE THE HON'BLE ITAT TOOK A CONSIDERABLE AMOUNT OF TIME. THEREFORE THERE IS A DELAY OF 137 DAYS AS ON 15 - 07 - 2019 IN FILING OF MISCELLANEOUS APPLICATION. I DEEPLY REGRET THE INCONVENIENCE CAUSED TO THIS HON'BLE BENCH ON ACCOUNT OF FAILURE OF THE APPELLANT/REV ENUE TO FILE MISCELLANEOUS APPLICATION WITHIN THE STIPULATED PERIOD AND PRAY THAT THE DELAY IN FILING THIS MISCELLANEOUS APPLICATION BE CONDONED. EVEN OTHERWISE, THE REVENUE HAS NOTED THAT THE TAX EFFECT IN THIS APPEAL EXCEEDS RS. 20 LACS AND THE ACTUAL TAX EFFECT IS RS.21,49,839/ - . 2. FIRST OF ALL, WE NOTED THAT THERE IS A DELAY IN FILING OF THE MISCELLANEOUS APPLICATION AND THERE IS NO PROVISION FOR CONDONING THE DELAY IN FILING MISCELLANEOUS APPLICATION UNDER SECTION 254(2) OF THE INCO ME TAX ACT , 1961 . EVEN OTHERWISE, NO PURPOSE WILL BE SERVED AS THE MONETARY LIMIT FOR FILING OF APPEAL BEFORE THE TRIBUNAL IS ENHANCED TO RS.50 LACS BY CIRCULAR NO. 17/2019 DATED 08.08.2019. HENCE, THE MISCELLANEOUS APPLICATION OF THE REVENUE IS DISMISSE D AS UNADMITTED. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 27 TH SEPTEMBER, 2019. SD/ - SD/ - (G. MANJUNATHA) ACCOUNTANT MEMBER (MAHAVIR SINGH) JUDICIAL MEMBER MUMBAI, DATE : 27 TH SEPTEMBER, 2019 *SSL* 3 MA NO.448/MUM/2019 CORAL INDIA FINANCE & HOUSING LTD. COPY TO : 1) THE APPELLANT 2) THE RESPONDENT 3) THE CIT(A) CONCERNED 4) THE CIT CONCERNED 5) THE D.R, C BENCH, MUMBAI 6) GUARD FILE BY ORDER DY./ASSTT. REGISTRAR I.T.A.T, MUMBAI