ACIT 15(1)(2), MUMBAI V. CHEMTEX GLOBAL ENGINEERS P.LTD, MUMBAI

MA 9/MUM/2022

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 3731 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 23 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 28-06-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: K
• Assessment Year: 2009-2010
• Appeal Filed On: 05-01-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: C.V. SHAH
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, ‘K‘ BENCH MUMBAI BEFORE: SHRI M.BALAGANESH, ACCOUNTANT MEMBER & SMT. KAVITHA RAJAGOPAL, JUDICIAL MEMBER M.A. NO.9/Mum/2022 (Arising out of ITA No.1626/Mum/2014 (Asse ssment Year :2009-10) ACIT 15(1)(2) R.No.473, 4 th Floor Aayakar Bhavan M.K.Road Mumbai – 400 020 Maharashtra Vs. M/s.Chemtex Global Engineers Pvt. Ltd., Chemtex House, Main Street Hiranandani Gardens, Powai, Mumbai – 400 076 Maharashtra PAN/GIR No.AACCC4458P (Appellant) .. (Respondent) Revenue by Shri Pankaj Kumar Assessee by Shri C.V. Shah Date of Hearing 24/06/2022 Date of Pronouncement 29/06/2022 आदेश / O R D E R PER M. BALAGANESH (A.M): By virtue of this Miscellaneous Application, the Revenue is seeking to recall the order passed by this Tribunal in ITA No.1626/Mum/2014 dated 01/10/2019 on the premise that ground No.2 raised by the Revenue was not adjudicated by this Tribunal. 2. We have heard rival submissions and perused the materials available on record. We have gone through the grounds raised by the Revenue MA No. 9/Mum/2022 M/s. Chemtex Global Engineers P. Ltd., 2 before us. From its perusal we find that the tax effect involved on the disputed issues would be less than Rs.50,00,000/- and hence, as per the CBDT Circular No.17/2019 dated 08/08/2019, the appeal of the Revenue would have to be dismissed on the ground of low tax effect even if this Miscellaneous Application of the Revenue is allowed. Hence, we hold that no purpose would be served by recalling this Miscellaneous Application of the Revenue. 3. In the result, Miscellaneous Application of the Revenue is dismissed. Order pronounced on 29/06/2022 by way of proper mentioning in the notice board. Sd/- (KAVITHA RAJAGOPAL) Sd/- (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated 29/06/2022 KARUNA, sr.ps Copy of the Order forwarded to : BY ORDER, (Sr. Private Secretary) ITAT, Mumbai 1. The Appellant 2. The Respondent. 3. The CIT(A), Mumbai. 4. CIT 5. DR, ITAT, Mumbai 6. Guard file. //True Copy//