DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE - 2(4), MUMBAI V. JASRAJ C. JAIN, MUMBAI

MA 767/MUM/2017

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6640 (ITAT-MUMBAI)
• Duration Of Justice: 6 month(s) 29 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 02-05-2018
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 04-10-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAJESH KUMAR YADAV
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL 'SMC' BENCH, MUMBAI BEFORE SHRI R.C. SHARMA, ACCOUNTANT MEMBER MA NOS. 764 TO 767/MUM/2017 (ARISING OUT OF ITA NOS. 6079 TO 6082/MUM/2016) (ASSESSMENT YEARS: 2007-08 TO 2010-11) DCIT, CENTRAL CIRCLE - 2(4) ROOM NO. 802, 8TH FLOOR PRATISTHA BHAVAN, M.K. ROAD MUMBAI 400020 VS. SHRI JASRAJ C. JAIN ROOM NO. 6, 1ST FLOOR 59, LAMINGTON ROAD MUMBAI 400 069 PAN AABPJ5199C APPELLANT RESPONDENT APPELLANT BY: SHRI RAJESH KUMAR YADAV RESPONDENT BY: SHRI VIMAL PUNMIYA DATE OF HEARING: 06.04.2018 DATE OF PRONOUNCEMENT: 02.05.2018 O R D E R PER R.C. SHARMA, AM THESE MISCELLANEOUS APPLICATIONS FILED BY REVENUE A ROSE IN RESPECT OF THE ORDER PASSED BY THE TRIBUNAL DATED 10 TH APRIL, 2017. 2. THE LEARNED D.R. CONTENDED THAT THE TRIBUNAL HAS DI SPOSED OFF ALL THE APPEALS FILED BY REVENUE ON THE PLEA THAT TAX E FFECT WAS LESS THAN ` 10 LAKHS AND IN VIEW OF THE CBDT CIRCULAR NO. 21/2015 THESE APPEALS ARE NOT MAINTAINABLE. IT WAS FURTHER CONTENDED THAT THE CIT (A) HAS DISPOSED OF THE APPEALS FOR ASSESSMENT YEARS 2007-08 TO 2010-11 BY HIS CONSOLIDATE ORDER DATED 28.07.2016. AS PER THE LEARNED D.R., SINCE TH E CIT(A) HAS PASSED A CONSOLIDATE ORDER FOR ALL THE YEARS, THE TAX EFFECT IS TO BE SEEN WITH RESPECT TO EACH YEAR AND IF IN ANY ONE OF THE YEARS THE TAX EFFECT IS MORE THAN ` 10 LAKHS THEN OTHER APPEAL FILED IN RESPECT OF EVERY Y EAR CANNOT BE DISMISSED MERELY ON THE GROUND OF TAX EFFECT IN VIEW OF THE C BDT CIRCULAR NO. 21/2015. MA NOS. 764 TO 767/MUM/2017 SHRI JASRAJ C. JAIN 2 3. ON THE OTHER HAND, IT WAS ARGUED BY THE LEARNED A. R. THAT THERE IS NO MISTAKE, MUCH LESS THAN AN APPARENT MISTAKE, IN VIEW OF THE OBSERVATIONS MADE BY THE TRIBUNAL THAT THE TAX IS L ESS THAN ` 10 LAKHS. 4. I HAVE CONSIDERED THE RIVAL CONTENTIONS AND FOUND THAT THE DEPARTMENT WAS IN APPEAL WITH RESPECT TO THE ORDER PASSED BY THE CIT(A) DATED 28.07.2016 INVOLVING 4 YEARS. HOWEVER, THE TA X INVOLVED IN ONE OF THE YEARS IS MORE THAN ` 10 LAKHS, IT IS COVERED UNDER THE EXCEPTION MENTION ED IN PARA 5 OF THE CBDT CIRCULAR NO. 21/2015. 5. IN VIEW OF THE ABOVE I RECALL THE ORDER PASSED BY THE TRIBUNAL AND THE REGISTRY IS DIRECTED TO FIX THE APPEAL FOR HEAR ING ON MERITS. 6. IN THE RESULT, THE MISCELLANEOUS APPLICATIONS FILED BY REVENUE ARE ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 2 ND MAY, 2018. SD/ - (R.C. SHARMA) ACCOUNTANT MEMBER MUMBAI, DATED: 2 ND MAY, 2018 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) -CONCERNED, MUMBAI 4. THE CIT - CONCERNED, MUMBAI 5. THE DR, SMC BENCH, ITAT, MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI N.P.