ASST CIT 16(1), V. RAMGOPAL R. CHOUDHARY,

MA 768/MUM/2012

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 0905 (ITAT-MUMBAI)
• Duration Of Justice: 9 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-09-2013
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 20-09-2013
• Assessment Year: 2007-2008
• Appeal Filed On: 20-12-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: O P SINGH
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL 'SMC' BENCH, MUMBAI BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI RAJENDRA SINGH, ACCOUNTANT MEMBER MA NO. 768/MUM/2012 (ARISING OUT OF ITA NO. 7491/MUM/2011) (ASSESSMENT YEAR: 2007-08) A C I T - 16(1) SHRI RAMGOPAL R. CHOUDHARY MATRU MANDIR 9 CHANCELLOR COURT TARDEO ROAD VS. CARMICHAEL ROAD MUMBAI 400007 MUMBAI 400026 PAN - AACPC3046Q APPLICANT RESPONDENT APPLICANT BY: SHRI O.P. SINGH RESPONDENT BY: SHRI VIJAY MEHTA DATE OF HEARING: 20.09.2013 DATE OF PRONOUNCEMENT: 20.09.2013 O R D E R PER D. MANMOHAN, V.P. BY THIS MISCELLANEOUS APPLICATION THE REVENUE SEEKS RECALL OF ORDER DATED 22 ND MARCH, 2012 ON THE GROUND THAT THE APPELLATE TRIBU NAL HAS COMMITTED A MISTAKE APPARENT FROM RECORD BY DISMISS ING THE APPEAL ON THE GROUND THAT TAX EFFECT IS BELOW ` 3,00,000/- AS PER THE CIRCULAR ISSUED BY CBDT WHEREAS THE FACT IS THAT AS PER INSTRUCTION NO .5/2008 DATED 15.05.2008 THE NOTIONAL TAX EFFECT SHOULD BE TAKEN INTO ACCOUNT IN LOSS CASES AND IF THE SAME IS TAKEN INTO CONSIDERATION T HE TAX EFFECT WORKS OUT TO ` 8,20,760/- IN THE INSTANT CASE. 2. IT IS NOT THE CASE OF THE ASSESSEE THAT THE TAX EFF ECT AS PER THE CIRCULAR IS LESS THAN ` 3,00,000/-. UNDER THESE CIRCUMSTANCES WE ARE OF THE VIEW THAT IT IS A FIT CASE FOR RECALL OF THE ORDER DATED 22.0 3.2012. ACCORDINGLY WE DIRECT MA NO. 768/MUM/2012 SHRI RAMGOPAL R. CHOUDHARY 2 THE REGISTRY TO POST THE APPEAL FOR FINAL HEARING O N 28.10.2013. SINCE THE DATE IS ANNOUNCED IN THE OPEN COURT, NOTICE TO THE PARTIES IS DISPENSED WITH. 3. IN THE RESULT, THE MA FILED BY THE REVENUE IS ALLOW ED. ORDER PRONOUNCED IN THE OPEN COURT ON 20 TH SEPTEMBER, 2013. SD/- SD/- (RAJENDRA SINGH) (D. MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDENT MUMBAI, DATED: 20 TH SEPTEMBER, 2013 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 27, MUMBAI 4. THE CIT 16, MUMBAI CITY 5. THE DR, SMC BENCH, ITAT, MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI N.P.