ITO 12(3)(4), MUMBAI V. MODERN ABODES P.LTD, MUMBAI

MA 45/MUM/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 4878 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-02-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 24-01-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: OM PRAKASH MEENA
• Assessee Lawyers: REETUJA PAWAR
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA , A M M .A. NO. 45/MUM/2018 (ARISING OUT OF ITA NO. 7522/MUM/2016 ) ( ASSESSMENT YEAR: 2013 - 14 ) INCOME TAX OFFICER - 12(3)(4) 147A, AAYAKAR BHAVAN, M. K. ROAD, MUMBAI - 400 02 0 VS. M/S. MODERN ABODES PVT. LTD. 701, URVASHI TERRACE, NEAR IDBI, 14 - B ROAD, KHAR (WEST), MUMBAI - 400 052 PAN/GIR NO. AAGCM 1595 B ( APPELLANT ) : ( RESPONDENT ) APPELLANT BY : SHRI OM PRAKASH MEENA RESPONDENT BY : MS. REETUJA PAWAR DATE OF H EARING : 08.02.2019 DATE OF PRONOUNCEMENT : 08.02.2019 O RDER PER SHAMIM YAHYA, A. M.: BY WAY OF THIS MISCE LLANEOUS APPLICATION THE REVENU E SEEKS RECALL OF ORDER OF THIS TRIBUNAL IN ITA NO. 7522/MUM/2016 FOR ASSESSMENT YEAR (A.Y. FOR SHORT) 2013 - 14 VID E ORDER DATED 05.06.2017. 2. I HAVE HEARD BOTH THE COUNSEL AND PERUSED THE RECORDS. IT TRANSPIRES THAT THE GRIEVANCE OF THE REVENUE IS THAT THE TAX EFFECT IN THIS CASE WAS RS.10,57,722/ - . HOWEVER, THE TRIBUNAL HAD ERRONEOUSLY DISMISSED THE SAID REVENUES APPEAL FOR TAX EFFECT ON THE PREMISE THAT THE TAX EFFECT IS LESS THAN RS.10 LACS. 3. THE LD. DEPARTMENTAL REPRESENTATIVE (LD. DR FOR SHORT) NOW FAIRLY AGREED THAT IN VIEW OF THE SUBSEQUENT CIRCULAR OF THE DEPARTMENT FIXING THE LIMIT OF RS.20 LACS FOR FIL ING THE APPEALS BEFORE THE ITAT, THIS MISCELLANEOUS APPLICATION IS NOW INFRUCTUOUS. 2 M.A. NO. 45/MUM/2018 4. ACCORDINGLY, SINCE NOW THE MONITORY LIMIT FIXED BY THE REVENUE FOR FILING THE APPEALS BEFORE THE ITAT IS RS.20 LACS, THIS MISCELLANEOUS APPLICATION WHERE TAX EFFECT IS RS.10,57,722/ - IS LIABLE TO BE DISMISSED AS INFRUCTUOUS. 5. IN THE RESULT, THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS DISMISSED AS INFRUCTUOUS. ORDER PRONOUNCED IN THE OPEN COURT ON 08.02.2019 SD/ - (S HAMIM YAHYA) A CCOUNTANT MEMBER MUMBAI ; DATED : ROSHANI , SR. PS COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT - CONCERNED 5. DR, ITAT, MUMBAI 6. GUARD F ILE BY ORDER, (DY./ASSTT. REGISTRAR) ITAT, MUMBAI