ASST CIT 11(3), V. Y.P. TRIVEDI,

MA 598/MUM/2012

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 1154 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 2 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 29-11-2013
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 15-11-2013
• Assessment Year: 2005-2006
• Appeal Filed On: 18-09-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PITAMBAR DAS
• Keywords: Tax effect

Judgement Text

G IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI .. , !'# $ $ $ $ ! %, & !'# !' BEFORE SHRI P.M. JAGTAP, AM AND SHRI SANJAY GARG, J M ($($ $') 598 /MUM/2012 ARISING OUT OF ITA NO. 5883/MUM/2010 ( &) % $-% &) % $-% &) % $-% &) % $-% / / / / ASSESSMENT YEAR 2005-06) A.C.I.T. 11(3), AAYAKAR BHAVAN, MUMBAI - 20. ) ) ) ) / VS. SHRI Y.P. TRIVEDI, 23, ATLANTA, NARIMAN POINT, MUMBAI 21. #/ !./ PAN :AAAFPT 3468G (APPLICANT) .. RESPONDENT ) APPLICANT BY : SHRI PITAMBAR DAS RESPONDENT BY : SMT. USHA DALAL !)$ 0 / // / DATE OF HEARING : 22-11-2013 12- 0 / DATE OF PRONOUNCEMENT :29-11-2013 '3 / O R D E R PER P.M. JAGTAP, A.M . : .. , !'# BY THIS MISC. APPLICATION, THE REVENUE IS SEEKING R ECTIFICATION OF THE MISTAKES ALLEGED TO HAVE CREPT IN THE ORDER OF THE TRIBUNAL DATED 26-8-2011 PASSED IN ITA NO. 5883/MUM/2010 DISMISSING THE APPEAL OF THE REVENUE FOR THE LOW TAX EFFECT. 2. WE HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AN D ALSO PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. AS SUBMITTED BY THE R EVENUE IN THE PRESENT MISC. APPLICATION, THE TAX EFFECT INVOLVED IN THIS CASE I S RS. 2,85,401/- AND NOT RS. 1,93,507/- AS MENTIONED IN PARA 4 AND THERE IS THUS A MISTAKE TO THIS EFFECT IN THE ORDER OF THE TRIBUNAL. IT IS, HOWEVER, OBSERVED THAT THE APPEAL OF THE REVENUE WAS DISMISSED BY THE TRIBUNAL VIDE ORDER DATED 26-8-2011 FOR LOW TAX EFF ECT RELYING ON THE INSTRUCTION NO. 3 OF 2011 ISSUED BY CBDT DTD. 9-2-2011 FIXING THE MON ETARY LIMIT FOR FILING THE APPEAL BEFORE THE TRIBUNAL AT RS. 3 LACS. THE MISTAKE IN MENTIONING THE AMOUNT OF TAX INVOLVED AT RS. 1,93,507/- INSTEAD OF THE CORRECT AMOUNT OF RS. 2,85,401/- THUS HAS NO BEARING ON MA 598/MUM/2012 2 THE ULTIMATE DECISION OF THE TRIBUNAL DISMISSING TH E APPEAL OF THE REVENUE FOR LOW TAX EFFECT AND THE SAID ORDER THUS DOES NOT CALL FOR AN Y RECTIFICATION U/S 254(2) OF THE INCOME TAX ACT, 1961. THE REVENUE HAS ALSO POINTED OUT IN THE PRESENT MISC. APPLICATION THAT THE CBDT INSTRUCTION NO. 3 OF 2011 DATED 9-2-2011 F IXING THE MONETARY LIMIT FOR FILING THE APPEAL BEFORE THE TRIBUNAL AT RS. 3 LACS IS NOT APPLICABLE TO PENDING APPEALS SUCH AS THE ONE FILED BY THE REVENUE IN THE PRESENT CASE IN THE YEAR 2010. IT IS, HOWEVER, OBSERVED THAT THIS ASPECT HAS BEEN CONSIDERED BY TH E TRIBUNAL IN ITS ORDER DATED 26-8- 2011 WHEREIN RELIANCE WAS PLACED BY THE TRIBUNAL ON THE DECISION OF HONBLE BOMBAY HIGH COURT IN THE CASE OF CIT VS. MADHUKAR K. INAM DAR (HUF) 318 ITR 149 WHEREIN IT WAS HELD THAT THE CBDT INSTRUCTION WILL BE APPLICAB LE EVEN TO THE PENDING CASES. IT , V THEREFORE, CANNOT BE SAID THAT THERE IS ANY MISTAKE IN THE ORDER OF THE TRIBUNAL AS ALLEGED BY THE REVENUE IN THE PRESENT MISC. APPLICATION. WE , THEREFORE, FIND NO MERIT IN THE MISC. APPLICATION FILED BY THE REVENUE AND DISMISS THE SAME. 3. IN THE RESULT, THE MISC. APPLICATIONS F ILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 29.11.2013 . . '3 0 12- 4')5 29-11-2013 2 0 SD/- SD/- (SANJAY GARG) ( P.M. JAGTAP ) !'# / JUDICIAL MEMBER & !'# / ACCOUNTANT MEMBER MUMBAI ; 4') DATED $.&).!./ RK , SR. PS '3 0 <&=( >(- '3 0 <&=( >(- '3 0 <&=( >(- '3 0 <&=( >(-/ COPY OF THE ORDER FORWARDED TO : 1. /? / THE APPELLANT 2. <@/? / THE RESPONDENT. 3. A () / THE CIT(A)- CONCERNED, MUMBAI CONCERNED 4. A / CIT CONCERNED, MUMBAI CONCERNED 5. ($D <&&) , , / DR, ITAT, MUMBAI G BENCH 6. E% F / GUARD FILE. '3)! '3)! '3)! '3)! / BY ORDER, !@( <& //TRUE COPY// G G G G/ // /!H !H !H !H ( DY./ASSTT. REGISTRAR) , , , , / ITAT, MUMBAI