ACIT (LTU) - 1, MUMBAI V. GLENMARK GENERICS LTD., MUMBAI

MA 53/MUM/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0587 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 13 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 12-02-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2013-2014
• Appeal Filed On: 31-01-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: GURBINDER SINGH
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (V I RTUAL COURT) , K BENCH MUMBAI BEFORE SHRI M.BALAGANESH, AM & SHRI RAVISH SOOD , JM MA NO.53/MUM/2020 (ARISING OUT OF ITA NO. 5840 /MUM/ 20 17) ( ASSESSMENT YEAR : 2013 - 1 4 ) ASST. COMMISSIONER OF I NCOME TAX, LTU - 1 CENTRE - 1, 29 TH FLOOR WORLD TRADE CENTRE CUFFE PARADE, MUMBAI 400 005 VS. M/S. GLENMARK GENERICS LTD., GLENMARK HOUSE, HDO CORPORATE BUILDING WING - A, B.D. SAWANT MARG CHAKALA, OPP. WESTERN EXPRESS HIGHWAY, ANDHERI(E) MUMBAI 400 099 PA N/GIR NO. AACCG9820D (APPELLANT ) .. (RESPONDENT ) ASSESSEE BY SHRI GURBINDER SINGH REVENUE BY SHRI ANUJ KISNADWALA DATE OF HEARING 12 / 02 /202 1 DATE OF PRONOUNCEMENT 12 / 02 /202 1 / O R D E R PER M. BALAGANESH (A.M) : BY VIRT UE OF THIS MISCELLANEOUS APPLICATION, THE REVENUE SEEKS TO RECALL THE ORDER PASSED BY THIS TRIBUNAL IN ITA NO.5840/MUM/2017 DATED 17/07/2019 FOR A.Y.2013 - 14 ON THE GROUND THAT THE PR. COMMISSIONER OF INCOME TAX HAD APPROVED SEVERAL GROUNDS OF APPEAL TO BE FILED BEFORE THIS TRIBUNAL AND WHEREAS THE LD. ASSESSING OFFICER HAD CHOSEN TO INCLUDE ONLY ONE GROUND IN THE GROUNDS OF APPEAL FILED ALONG WITH FORM NO.36 MA NO.53/MUM/2020 M/S. GLENMARK GENERICS LIMITED 2 WHICH HAD APPARENTLY CONSTITUTED MISTAKE APPARENT ON RECORD FROM THE SIDE OF THE TRIBUNAL ACCORDING TO THE REVENUE. 2. WE FIND THAT THIS TRIBUNAL HAD ADJUDICATED THE GROUNDS RAISED BY THE REVENUE WHICH ARE INCLUDED IN THE GROUNDS OF APPEAL FILED ALONG WITH FORM NO.36. IN ANY EVENT, WE FIND THAT EVEN IF THIS APPEAL IS RECALLED, IT WOULD EVENTUALLY LEAD T O A SITUATION WHERE THE TAX EFFECT ON THE DISPUTED ISSUES WOULD BE LESS THAN RS.50,00,000/ - AND HENCE, BY APPLYING THE CIRCULARNO.17/2019 DATED 08/08/2019, THE REVENUE APPEAL HAD TO BE DISMISSED. HENCE, IN THIS SCENARIO, NO PURPOSE WOULD BE SERVED BY RECAL LING THIS ORDER. ACCORDINGLY, THE MISCELLANEOUS APPLICATION PREFERRED BY THE REVENUE IS HEREBY DISMISSED. 3. IN THE RESULT, MISCELLANEOUS APPLICATION PREFERRED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED ON 12 / 02 /202 1 BY WAY OF PROPER MENTIONI NG IN THE NOTICE BOARD. SD/ - ( RAVISH SOOD ) SD/ - (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 12 / 02 / 2021 KARUNA , SR.PS MA NO.53/MUM/2020 M/S. GLENMARK GENERICS LIMITED 3 COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASS TT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//