ITO 12 (1)(1), MUMBAI V. ABODE BUILDERS & DEVELOPERS P.LTD, MUMBAI

MA 695/MUM/2018

• Counselvise Citation: [2019] 111 COUNSELVISE.COM (IT) 1591 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 01-02-2019
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: I
• Assessment Year: 2008-2009
• Appeal Filed On: 28-11-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RONAK VASAVADA
• Assessee Lawyers: RAJIV GUBGOTRA
• Keywords: Tax effect
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, BENCH I, MU MBAI BEFORE SHRI G.S. PANNU, VICE-PRESIDENT AND SHRI PAWAN SINGH, JUDICIAL MEMBER M.A. NO. 695/MUM/2018 IN ITA NO.1274/MUM/2012 (ASSESSMENT YEAR- 2008-09) INCOME TAX OFFICER- 9(1)(1), ROOM NO. 226, 2 ND FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI-400020 PAN: AADCA2191C VS. M/S ABODE BUILDERS & DEVELOPERS P. LTD., 114A, VEENA BEENA SHOPPING CENTRE, GURUNANAK ROAD, BANDRA (W), MUMBAI-400050. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI RAJIV GUBGOTRA (DR) REVENUE BY : SHRI RONAK VASAVADA (AR) DATE OF HEARING : 01.02.2019 DATE OF PRONOUNCEMENT : 01.02.2019 ORDER UNDER SECTION 254(2) OF INCOME TAX ACT PER PAWAN SINGH, JUDICIAL MEMBER: 1. THIS MISCELLANEOUS APPLICATION IS FILED BY REVENUE FOR RECTIFICATION OF ALLEGED MISTAKE IN ORDER DATED 03/08/2018. IN THE A PPLICATION, THE APPLICANT/REVENUE INTERALIA PLEADED THAT THE APPEAL OF REVENUE WAS DISMISSED ON 03.08.2018 HOLDING THAT TAX EFFECT IN DISPUTE IN THE APPEAL IS BELOW THE MONETARY LIMIT OF RS. 20,00,000/- SPECIFI ED IN THE CBDT CIRCULAR DATED 11.07.2018. IN THE APPLICATION, THE APPLICANT/REVENUE CONTENTED THAT THE TAX EFFECT INVOLVED IN THE PRESE NT APPEAL IS RS. 1,42,85,185/- WHICH IS ABOVE THE MONETARY LIMIT PRE SCRIBED BY CBDT M.A. NO. 695 MUM 2018-M/S ABODE BUILDERS & DEVELOPERS P. LTD. 2 CIRCULAR NO. 3/2018, THEREFORE, THE APPEAL NEEDS TO BE DECIDED ON MERIT BY RECALLING THE ORDER DATED 03.08.2018. 2. THE LD. DR OF THE REVENUE MADE HIS SUBMISSION AS PE R THE CONTENTS OF THE MISCELLANEOUS APPLICATION FILED UNDER SECTION 254(2 ) OF THE ACT. 3. ON THE OTHER HAND, THE LD. AR OF THE ASSESSEE SUBMI TS THAT APPEAL MAY BE FIXED FOR HEARING BY REGULAR BENCH. 4. WE HAVE CONSIDERED THE CONTENTS OF MISCELLANEOUS AP PLICATION AND PERUSED THE ORDER DATED 03.08.2018. WE HAVE ALSO PE RUSED THE GROUNDS OF APPEAL AND THE ORDER PASSED BY LOWER AUTHORITIES. C ONSIDERING THE SUBMISSION OF THE PARTIES AND THE FACT THAT THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS RS. 1,42,85,185/- WHICH IS MORE T HAN THE MONETARY LIMIT FIXED BY CBDT IN ITS CIRCULAR NO. 3/2018 DATED 11.0 7.2018, THE ORDER DATED 03.08.2018 IS RECALLED. THE APPEAL IS FIXED F OR HEARING BY REGULAR BENCH I.E. BEFORE A BENCH ON 18.04.2019. THE ISSU ANCE OF NOTICE IS DISPENSED WITH AS THE DATE OF HEARING IS FIXED IN T HE PRESENCE OF LD. REPRESENTATIVES OF THE PARTIES. 5. IN THE RESULT, MISCELLANEOUS APPLICATION FILED BY R EVENUE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 1 ST FEBRUARY 2019. SD/- SD/- ( G.S. PANNU) (PAWAN SINGH) VICE-PRESIDENT JUDICIAL MEMBER MUMBAI; DATED 01/02/2019 S.K.PS COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT M.A. NO. 695 MUM 2018-M/S ABODE BUILDERS & DEVELOPERS P. LTD. 3 BY ORDER, (ASSTT.REGISTRAR) ITAT, MUMBAI 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY/