I PAY CLEARING SERVICES LTD, MUMBAI V. ACIT 10(1), MUMBAI

MA 70/MUM/2021

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2082 (ITAT-MUMBAI)
• Duration Of Justice: 3 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-06-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: K
• Assessment Year: 2009-2010
• Appeal Filed On: 08-03-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH K, MUMBAI BEFORE SHRI RAJESH KUMAR, ACCOUNTANT MEMBER AND SHRI AMARJIT SINGH, JUDICIAL MEMBER MA NO.70/M/2021 (ARISING OUT OF ITA NO.851/M/2013) ASSESSMENT YEAR: 2009-10 M/S. I PAY CLEARING SERVICES LTD., 403-404 MADHAVA PLOT NO.C 4, BANDRA KURLA COMPLEX, BANDRA (E), MUMBAI, MAHARASHTRA 400051 PAN: AABCI0280L VS. ACIT 10(1), 455, AAYAKAR BHAVAN, 4 TH FLOOR, M.K. MARG, MUMBAI - 400020 (APPELLANT) (R ESPONDENT) PRESENT FOR: ASSESSEE BY : SHRI NIKHIL TIWARI, A.R. REVENUE BY : SHRI SUSHIL KUMAR MISHRA, D.R. DATE OF HEARING : 18.06.2021 DATE OF PRONOUNCEMENT : 18.06.2021 O R D E R PER RAJESH KUMAR, ACCOUNTANT MEMBER: BY VIRTUE OF THIS MISCELLANEOUS APPLICATION, THE A SSESSEE SEEKS THE RECTIFICATION OF THE ORDER DATED 23.12.20 20 PASSED IN ITA NO.7608/M/2012 A.Y. 2007-08, ITA NO.950/M/2013 A.Y. 2009-10 & ITA NO.851/M/2013 A.Y. 2009-10. 2. THE LD. A.R. SUBMITTED BEFORE THE BENCH THAT WHI LE PASSING THE ABOVE ORDER, THE CO-ORDINATE BENCH OF THE TRIBU NAL HAS DISPOSED OF AND DISMISSED THESE APPEALS FOR THE REA SON THAT ASSESSEE HAS GONE INTO VSVS 2020. THE LD. A.R. SUBMI TTED THAT MA NO.70/M/2021 (ARISING OUT OF ITA NO.851/M/2013) M/S. I PAY CLEARING SERVICES LTD. 2 IN FACT ONLY THE ITA NO.7608/M/2012 A.Y. 2007-08 & ITA NO.950/M/2013 A.Y. 2009-10 THE ASSESSEE HAS GONE IN TO VSVS WHEREAS THE APPEAL IN ITA NO.851/M/2013 A.Y. 2009-1 0 WHICH IS A REVENUE APPEAL AND INVOLVES TAX AFFECT OF LES S THAN RS.50 LAKH AND REQUIRED TO BE DISMISSED AS NOT MAINTAINAB LE IN TERMS OF VIDE CIRCULAR NO. 17/2019, F.NO. 279/MISC.142/2 007-ITJ(PT.) DATED 08.08.2019. THE LD. A.R., THEREFORE, PRAYED THAT THE ORDER OF COORDINATE BENCH MAY KINDLY BE MODIFIED ACCORDI NGLY. 3. THE LD. D.R., ON THE OTHER HAND, FAIRLY AGREED T O THE CONTENTION OF THE LD. A.R. THAT ITA NO.851/M/2013 A .Y. 2009- 10 HAS WRONGLY BEEN DISMISSED ON THE GROUND THAT AS SESSEE HAS GONE INTO VSVS WHEREIN AS A MATTER OF FACT THIS WAS A LOW TAX EFFECT APPEAL BY THE REVENUE. 4. AFTER HEARING THE RIVAL PARTIES AND PERUSING THE MATERIAL ON RECORD, WE NOTICE THAT WHILE PASSING THE ORDER A M ISTAKE HAS OCCURRED DUE TO INADVERTENCE. ITA NO.851/M/2013 HA S BEEN DISMISSED OF CITING THE REASON THAT ASSESSEE HAS GO NE INTO VSVS WHEREAS AS A MATTER OF FACT THIS CASE IS A LOW TAX EFFECT APPEAL WHICH IS NON MAINTAINABLE IN TERMS OF CBDT CIRCULAR NO. 17/2019, F.NO. 279/MISC.142/2007-ITJ(PT.) DATED 08. 08.2019. ACCORDINGLY, THE ITA NO.851/M/2013 A.Y. 2009-10 BY THE REVENUE IS BEING DISMISSED FOR THE LOW TAX EFFECT I N TERMS OF CBDT CIRCULAR NO. 17/2019, F.NO. 279/MISC.142/2007 -ITJ(PT.) DATED 08.08.2019. 5. THE TRIBUNAL ORDER DATED 23.12.2020 STANDS MODIF IED TO THIS EXTENT. ACCORDINGLY, MISCELLANEOUS APPLICATIO N OF THE MA NO.70/M/2021 (ARISING OUT OF ITA NO.851/M/2013) M/S. I PAY CLEARING SERVICES LTD. 3 ASSESSEE IS ALLOWED AND ORDER DATED 23.12.2020 IS M ODIFIED AS STATED HEREINABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 18.06.2021. SD/- SD/- ( AMARJIT SINGH) (RAJESH KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 18.06.2021. * KISHORE, SR. P.S. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT (A) CONCERNED, MUMBAI THE DR CONCERNED BENCH //TRUE COPY// [ BY ORDER DY/ASS TT. REGISTRAR, ITAT, MUMBAI.