DCIT 14(2)(1), MUMBAI V. ITD CEMENTATION INDIA LTD, MUMBAI

MA 617/MUM/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 2810 (ITAT-MUMBAI)
• Duration Of Justice: 3 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-03-2020
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: K
• Assessment Year: 2011-2012
• Appeal Filed On: 05-12-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MRS KAVITA KAUSHAL
• Assessee Lawyers: ANUJ KISHANDWALA
• Keywords: Tax effect

Judgement Text

IN THE INCOME-TAX APPELLATE TRIBUNAL K BENCH MUMB AI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI PAWAN SINGH, JUDICIAL MEMBER M.A. NO. 617/MUM/2019 IN ITA NO.5313/MUM/2015 (A.Y 2011-12 ) DCIT-1 4(2)(1), MUMBAI,. ROOM NO. 4784, 4 TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI. VS. ITD CEMENTATION INDIA LTD, NATIONAL PLASTIC BUILDING, A - SUBHASH ROAD, PARANJAPE B SCHEME, VILE PARLE(E) PAN: AAACT 1426 A APPELLANT RESPONDENT APPELLANT BY : MRS KAVITA KAUSHAL SR DR RESPONDENT BY : SHRI ANUJ KISHANDWALA AR DATE OF HEARING : 06.03.2020 DATE OF PRONOUNCEMENT : 06.03.2020 ORDER UNDER SECTION 254(2)OF INCOME TAX ACT PER PAWAN SINGH, J.M. 1. THIS MISCELLANEOUS APPLICATION (MA) IS FILED BY THE REVENUE FOR SEEKING RECALL OF ORDER DATED 1 ST JANUARY 2016 IN ITA NO. 5313/MUMBAI/20154 FOR ASSESSMENT YEAR 2011- 12. 2. THE LEARNED DR FOR THE REVENUE SUBMITS THAT THE TRI BUNAL DISMISSED THE APPEAL OF THE REVENUE ON THE GROUND THAT TAX EFFECT INVOLVED IN THE APPEAL IS LESS THAN THE MONETARY LIMIT OF RS. 10 LAKHS AS PRESCRIBED BY CENTRAL BOARD OF DIRECT TAXES (CBDT) IN ITS CIRCULAR DATED 10 TH DECEMBER 2015. THE LEARNED DR FOR THE REVENUE SUBMITS THAT THE TAX EFFECT INVOLVED IN THIS PRESENT APPEAL IS MORE THAN RS. 50 LAKHS. THE LEARNED DR PRAYED FOR RECALLING OF THE ORDER AND TO DECIDE THE APPEAL ON MERIT. MA NO. 617/MUM/2019 IN ITA NO. 5313/MUM/2015 2 3. ON THE OTHER HAND THE LEARNED AUTHORISED REPRESENTA TIVE FOR ASSESSEE FAIRLY ACCEPTED THAT THE TAX EFFECT INVOLVED IN THE PRESEN T APPEAL IS MORE THAN THE PRESCRIBED MONETARY LIMIT OF 50 LAKH THEREFORE, THE ORDER OF TRIBUNAL DATED 1 ST JANUARY 2016 MAY BE RECALLED AND THE APPEAL MAY BE FIXED FOR HEARING ON MERIT. 4. CONSIDERING THE SUBMISSION OF BOTH THE PARTIES AND AFTER GOING THROUGH THE GROUNDS OF APPEAL RAISED BY REVENUE, WE FIND TH AT THE TAX EFFECT IN THE PRESENT APPEAL ID MORE THAN RS.50 LAKHS, THEREFORE, THE ORDER DATED 1 ST JANUARY 2016 IS RECALLED. THE REGISTRY IS DIRECTED TO FIX THE APPEAL FOR HEARING BY REGULAR BENCH. 5. IN THE RESULT THE MA FILED BY THE REVENUE IS ALLOWE D. ORDER PRONOUNCED IN THE OPEN COURT ON 06.03.2020. SD/- SD/- SHAMIM YAHYA PAWAN SINGH ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATE: 06.03.2020 SK COPY OF THE ORDER FORWARDED TO : 1. ASSESSEE 2. RESPONDENT 3. THE CONCERNED CIT(A) 4. THE CONCERNED CIT 5. DR G BENCH, ITAT, MUMBAI 6. GUARD FILE BY ORDER, DY./ASST. REGISTRAR ITAT, MUMBAI