ASST CIT CIR 17(1), V. AMAR INTERNATIONAL,

MA 450/MUM/2012

• Counselvise Citation: [2013] 123 COUNSELVISE.COM (IT) 9874 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 29 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-01-2013
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2000-2001
• Appeal Filed On: 06-07-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAJSHREE DWIVEDY
• Assessee Lawyers: PARAS SAVALA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES A, MUMBAI BEFORE DINESH KUMAR AGARWAL, JUDICIAL MEMBER AND SHRI RAJENDRA, ACCOUNTANT MEMBER MA NO. : 450/MUM/2012 (ARISING OUT OF ITA NO. 354/MUM/2010) ASSESSMENT YEAR : 2000-01 ACIT, CIRCLE-17(1), ROOM NO. 113, 1 ST FLOOR, PIRAMAL CHAMBERS, LALBAUG, PAREL, MUMBAI 400 012. AMAR INTERNATIONAL, AMAR HOUSE, 14/15, NEAR SHARDA TALKIES, MMGS MARG, DADAR (E), MUMBAI 400 014. PAN NO. AAAFA 2660 E (APPLICANT) VS. (RESPONDENT) APPLICANT BY : SHRI RAJSHREE DWIVEDY RESPONDENT BY : SHRI PARAS SAVALA DATE OF HEARING : 04.01.2013 DATE OF PRONOUNCEMENT : 04.01.2013 ORDER PER DINESH KUMAR AGARWAL, JM : THIS MISCELLANEOUS APPLICATION FILED BY THE REVENU E FOR THE ASSESSMENT YEAR 2000-01 IS DIRECTED AGAINST THE ORD ER DATED 28.07.2011 PASSED BY THE TRIBUNAL IN ITA NO. 354/MUM/2010. 2. THE REVENUE VIDE MISCELLANEOUS APPLICATION DATED 14.06.2012 HAS POINTED OUT THAT THE TRIBUNAL HAS DISMISSED THE REV ENUES APPEAL ON THE GROUND THAT THE TAX EFFECT INVOLVED IS BELOW RS.3,0 0,000/-. HOWEVER, INFACT THE TAX EFFECT INVOLVED IS RS.3,70,031/- WHI CH IS ABOVE THE PRESCRIBED MONETARY LIMIT FOR FILING THE APPEAL TO THE TRIBUNAL AS PER INSTRUCTION NO.5/2008 DATED 15.05.2008 AND INSTRUCT ION NO.3/2011 DATED 09.02.2011. IT WAS, THEREFORE, PRAYED THAT THE ORDE R PASSED BY THE TRIBUNAL BE RECALLED, WHICH WAS NOT OBJECTED TO BY THE LD. COUNSEL FOR THE ASSESSEE. MA NO. : 450/MUM/2012 AMAR INTERNATIONAL AY:2000-01 2 3. WE HAVE CAREFULLY CONSIDERED THE SUBMISSIONS OF THE RIVAL PARTIES AND PERUSED THE MATERIAL AVAILABLE ON RECORD. WE FI ND THAT THE REVENUES APPEAL WAS DISMISSED ON THE GROUND THAT THE TAX EFF ECT WAS LESS THAN RS.3,00,000/- AND THE SAID FACT WAS NOT DISPUTED BY THE LD. DR AT THE TIME OF HEARING OF THE APPEAL. HOWEVER, KEEPING IN VIEW THAT BOTH THE PARTIES HAVE AGREED THAT THE TAX EFFECT IS MORE THA N RS.3,00,000/-, THEREFORE, IN THE INTEREST OF JUSTICE, WE RECALL OU R ORDER IN ITA NO. 354/MUM/2010 DATED 28.07.2011 IN TERMS OF PROVISION OF SECTION 254(2) OF THE INCOME TAX ACT, 1961. 4. PARTIES ARE TO APPEAR WITHOUT WAITING FOR ANY NO TICE ON 04.03.2013 AS ANNOUNCED IN THE OPEN COURT. ACCORDINGLY, THE MI SCELLANEOUS APPLICATION FILLED BY THE REVENUE IS ALLOWED. 5. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE REVENUE STANDS ALLOWED. ORDER PRONOUNCED IN OPEN COURT ON 4 TH JANUARY, 2013. - SD/- (RAJENDRA) SD/- (DINESH KUMAR AGARWAL) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DT. : 4 TH JANUARY, 2013. COPY FORWARDED TO : 1. THE APPELLANT, 2. THE RESPONDENT, 3. THE C.I.T. 4. CIT (A) 5. THE DR, A - BENCH, ITAT, MUMBAI //TRUE COPY// BY ORDER ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI RASIKA*