ITO 23(2)(1), MUMBAI V. MR. JATIN.K. KOTICHA, MUMBAI

MA 85/MUM/2020

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 7897 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 14 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 02-09-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2010-2011
• Appeal Filed On: 19-02-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Audit objection; Tax effect

Judgement Text

MA NO 85/MUM/2020 IN ITA NO. 3397/MUM/2019 ASSESSMENT YEAR: 2010 - 11 PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI 'D' BENCH, MUMBAI [CORAM: JUSTICE P.P. BHATT (PRESIDENT), AND PRAMOD KUMAR (VICE PRESIDENT)] MA NO 85/MUM/2020 IN ITA NO. 3397/MUM/2019 ASSESSMENT YEAR: 2010 - 11 INCOME TAX OFFICER - 23(2)(1) .APPLICANT MUMBAI VS. MR. JATIN K. KOTICHA RESPONDENT 601/603, NISARG, 1340 - 11, PALI HILL, BANDRA (W), MUMBAI 400050 [PAN: AACPK7772R] APPEARANCES BY SUNIL DESHPANDE FOR THE APPLICANT KRISHNA KUMAR FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING: : JULY 13, 2021 DA TE OF PRONOUNCEMENT OF ORDER : SEPTEMBER 0 2 , 2021 ORDER PER BENCH: 1. BY WAY OF THIS MISCELLANEOUS APPLICATION, THE ASSESSING OFFICER SEEKS THE RECALL OF OUR ORDER DATED 21.08.2019 DISMISSING THE APPEAL AN ACCOUNT OF LOW TAX EFFECT UNDER CBDT CIRCULAR 17/2019 DATED 08.08.2019. 2. A SHORT POINT ON WHICH THE ORDER IT SOUGHT TO BE RECALLED IS ASSESSING OFFICER RELIANCE ON CIRCULAR NO. 23/2019 DATED 06.09.2019. AS IS EVIDENT FROM THE FOLLOWING OBSERVATIONS IN THE PRESENT MISCELLANEOUS APPLICATION: - 2. THE APPLICANT SUBMITS THAT IN PA RAGRAPH 4 OF THE CAPTIONED ORDER OF THE HONBLE ITAT, IT HAS BEEN STATED THAT THE TRIBUNAL WITHOUT GOING INTO THE MERITS OF THE ISSUE RAISED IN THE APPEAL, THEY ARE DEEMED TO BE WITHDRAWN/NOT PRESSED, AS THEIR MA NO 85/MUM/2020 IN ITA NO. 3397/MUM/2019 ASSESSMENT YEAR: 2010 - 11 PAGE 2 OF 3 FILING IS NOT IN CONSONANCE WITH THE CBDT CIRC ULAR DATED 08.08.2019 READ WITH CIRCULAR 11.07.2018. 3. THE APPLICANT SUBMITS THAT IN PARAGRAPH 5 OF CAPTIONED ORDER OF THE HON'BLE ITAT ITSELF HAS HELD THAT IF ON A LATER DATE, THE REVENUE FINDS THAT THE TAX EFFECT IN DISPUTE IN ANY OF THE CAPTIONED APPE ALS IS MORE THAN THE LIMIT PRESCRIBED IN THE CIRCULAR DATED 08.08.2019, OR IT IS PROTECTED BY ANY OF THE EXCEPTIONS PROVIDED IN PARA 10 OF THE CBDT CIRCULAR 11.07.2018, IT SHALL BE AT THE LIBERTY TO APPROACH THE TRIBUNAL FOR RECALL OF THE ORDER AND REINSTI TUTION OF THE APPEAL FOR ADJUDICATION ON MERITS. 4. THE APPLICANT SUBMITS THAT THE CAPTIONED APPEAL WAS FILED UNDER EXCEPTION BEING ARISING OUT OF REVENUE AUDIT OBJECTION WHICH IS COVERED UNDER EXCEPTION AS PER PARA 10(C) OF CIRCULAR 3/2018 OF CBDT. 5. THE APPLICANT HUMBLY SUBMITS THAT THE CAPTIONED APPEAL IS COVERED UNDER EXCEPTION AS PER PARA 10(C) OF CIRCULAR 3 OF 2018 OF CBDT DATED 11.07.2018. 3. WE HAVE HEARD THE RIVAL CONTENTIONS, PERUSED THE MATERIAL ON RECORD AND DULY CONSIDERED FACTS OF THE CA SE IN THE LIGHT OF THE APPLICABLE LEGAL POSITION. 4. WE FIND THAT WHAT IS COVERED BY PARAGRAPH 10(C) OF CIRCULAR NO. 3 OF 2018 IS A CASE IN WHICH REVENUE AUDIT OBJECTION HAS BEEN ACCEPTED BY THE DEPARTMENT BUT THEN IN THE PRESENT CASE THERE IS NO MATERI AL WHATSOEVER TO DEMONSTRATE THAT THE REVENUE AUDIT OBJECTION WAS RAISED AND ACCEPTED BY THE DEPARTMENT. WHERE IS THUS NO REASON TO CALL FOR INTERFERE IN THE MATTER. 5 . IN THE RESULT, THIS MISCELLANEOUS APPLICATION IS DISMISSED. PRONOUNCED IN THE OPEN COURT TODAY ON THE 0 2 N D DAY OF SEPTEMBER , 202 1. S D / - S D / - JUSTICE P.P. BHATT PRAMOD KUMAR (PRESIDENT) (VICE PRESIDENT) MUMBAI, DATED THE 0 2 N D SEPTEMBER , 2021 COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE MA NO 85/MUM/2020 IN ITA NO. 3397/MUM/2019 ASSESSMENT YEAR: 2010 - 11 PAGE 3 OF 3 BY ORDER TRUE COPY ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, MUMBAI