INCOME TAX OFFICER 7(3)(3), MUMBAI V. PILLAR CRAFT EXPORTERS PRIVATE LIMITED , MUMBAI

MA 788/MUM/2017

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6436 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 24 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-04-2018
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2007-2008
• Appeal Filed On: 13-10-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAM TIWARI
• Assessee Lawyers: LALIT KUMAR PATEL
• Keywords: Tax effect

Judgement Text

- IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI , BEFORE SHRI SHAMIM YAHYA, AM ./ M .A. NO. 788/MUM/2017 (ARISING OUT OF ITA NO. 2087/MUM /2017) ( / ASSESSMENT YEAR: 2007 - 08) ITO 7(3)(3) R. NO. 23, GROUND FLOOR, M. K. ROAD, MUMBAI - 400 020 / VS. M/S. PILAR CRAFT EXPORTERS PVT. LTD. G - 7, EVEREST, 156, TARDEO MAIN ROAD, MUMBAI ./ ./ PAN/GIR NO. AAACP 7 678 Q ( / APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : SHRI RAM TIWARI / RESPONDENT BY : SHRI LALIT KUMAR PATEL / DATE OF HEARING : 06.04.2018 / DATE OF PRONOUNCEMENT : 06.04 .2018 / O R D E R PER S HAMIM YAHYA, A. M.: BY WAY OF THIS MISCELLANEOUS APPLICATION, THE REVENUE SEEKS RECALL OF THE ORDER OF THIS ITAT IN ITA NO. 2082/MUM/2017 VIDE ORDER DATED 01.06.2017. 2. THE SAID APPEAL OF THE REV ENUE WAS DISMISSED ON ACCOUNT OF TAX EFFECT IN TERMS OF CBDT CIRCULAR NO. 21/2015 DATED 10.12.2015. HOWEVER, NOW IT IS THE CONTENTION 2 M A NO. 788/MUM/2017 M/S. PILAR CRAFT EXPORTERS PVT. LTD. OF THE LD. DEPARTMENTAL REPRESENTATIVE THAT THE SAID CASE FALL UNDER THE EXCEPTION CAR VE D OUT IN THE SAID CIRCULAR IN PARA N O. 8C WHICH MANDATED THAT DESPITE TAX EFFECTS BEING LESS THAN RS.10 LACS , APPEALS HAD TO BE PERUSED W HERE THE REVENUE AUDITED OBJECTION IN THE CASE HAS BEEN ACCEPTED BY THE DEPARTMENT. 3. THE LD. DEPARTMENTAL REPRESENTATIVE SUBMITTED THAT IN THIS CASE THE RE WAS A REVENUE OBJECTION ACCE PT ED BY THE DEPARTMENT . HENCE, THE LD. DEPARTMENTAL REPRESENTATIVE PLEADED THAT THE ORDER NEEDS TO BE RECALLED. 4. PER CONTRA, THE ASSESSEE SUBMITTED THAT THE ISSUE ON MERIT IS SQUARELY IN FAVOUR OF THE ASSESSEE INASMUCH AS T HE LD. COMMISSIONER OF INCOME TAX (APPEALS) HAS DECIDED THE CASE FOLLOWING THE HONBLE APEX COURT DECISION IN THE CASE OF APOLLO TYRES LTD. VS. CIT 255 ITR 273 (SC) . 5. UPON CAREFUL CONSIDERATION, I NOTE THAT SINCE THE AFORE - SAID CASE OF THE REVENUE WAS DISMISSED ON ACCOUNT OF TAX EFFECT, AND NOW SINCE THE LD. DEPARTMENTAL REPRESENTATIVE HAS POINTED OUT THAT THE APPEAL WAS NOT LIABLE TO BE DISMISSED ON ACCOUNT OF TAX EFFECT BECAUSE THE CASE FALL INTO THE EXCEPTION CARD OUT UNDER THE CIRCULAR , I DEEM IT APPROPRIATE TO RECALL THE AFORE - SAID ORDER OF THE TRIBUNAL. ACCORDINGLY, THE SAID ORDER IS RECALLED. THE REVENUE IS DIRECTED TO FIX THE CASE FOR HEARING ON 18.06.2018 . NOTICE OF THE HEARING HAS BEEN TAKEN NOT E OF BY BOTH THE PARTIES. 3 M A NO. 788/MUM/2017 M/S. PILAR CRAFT EXPORTERS PVT. LTD. 6. IN THE RESULT, TH IS MISCELLANEOUS APPLICATION STANDS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 06.04.2018 SD/ - (S HAMIM YAHYA) / A CCOUNTANT MEMBER MUMBAI ; DATED : 06.04.2018 . . ./ ROSHANI , SR. PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT - CONCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD F ILE / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI