DCIT - 11(2)(1), MUMBAI V. S.B. & T INTERNATIONAL LTD. , MUMBAI

MA 96/MUM/2020

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 4447 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 1 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 26-03-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2013-2014
• Appeal Filed On: 25-02-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIJAY KUMAR MENON
• Assessee Lawyers: P DANIEL
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D B ENCH , MUMBAI BEFOR E: HON BL E JUSTICE P.P. BHATT, PRESIDENT & SHRI M.BALAGANESH, AM M.A. NO. 96 / MUM/2020 (ARISING OUT OF I TA NO. 3276/ MUM/ 2018 ( ASSESSMENT YEAR : 2013 - 14 ) DCIT - 11(2)(1) ROOM NO.477 , 4 TH FLOOR AAYA KAR BHAVAN M.K.ROAD, MUMBAI - 400020 VS. M/S. S.B.& T INTERNATIONAL LTD., 9, YUSUF BUILDING, ROOM NO.15, 1 ST FLOOR A.R. STREET P YDHONIE MUMBAI 400 003 PAN/GIR NO. AAACS727C (APPELLANT ) .. (RESPONDENT ) REVENUE BY SHRI VIJAYKUMAR MENON ASSESSEE BY SHR I P. DANIEL DATE OF HEARING 26 / 03 /202 1 DATE OF PRONO U NCEMENT 26 / 03 /202 1 / O R D E R PER M. BALAGANESH (A.M) : BY VIRTUE OF THIS MISCELLANEOUS APPLICA TION, REVENUE SEEKS TO RE CALL THE ORDER PASSED BY THIS TR I BUNAL ON 20/08/2019 FOR THE A.Y.2013 - 14 IN ITA NO.3276/ MUM/201 8 WHEREI N THIS TRIBUNAL BY FOLLOWING THE CBDT CIRCULAR NO.17/2019 DAT ED 08/08/2019 READ TOGETHER WITH CIRCULAR NO.3/2018 DATED 11/07/2018 HAD DISMISSED THE APPEAL OF THE REVEN UE ON M A NO . 96 /MUM/ 2020 M/S. S.B.&T INTERNATIONAL LTD., 2 THE GROUND T H AT THE TAX EFFECT INVOLVED IN THE SAID APPEAL IS LESS THAN THE PRES CRIBED MONE TARY LIMITS AS PER THE CIRCULAR. ACCORDINGLY, THE APPEAL OF THE REVENUE WAS DISMISSED. NOW , WE FIND THAT THE REVENUE IN ITS MISCELLANEOUS APPLICATION IN PARA 7.3 HAD SUBMITTED T H AT THE SAID CASE FA LLS UNDER PARA 10(B) OF THE CIRCULAR WHICH IS AN EXCEPTION FOR APPLICATION OF THE AFORESAID CBDT CIRCULAR. F OR THE SAKE OF CON VENIENCE , RELEVANT PARA 10(B) OF THE CBDT CIRCULAR IS REPRODUCE D HERE UNDER: - 10. ADVERSE JUDGMENTS RELATING T O THE FOLLOWING ISSUES SHOULD BE CONTESTED ON MERITS NOTWITHSTANDING THAT THE TAX EFFECT ENTAILED IS LESS THAN THE MONETARY LIMITS SPECIFIED IN PARA 3 ABOVE OR THERE IS NO TAX EFFECT: (A) .. (B) WHERE BOARD'S ORDER, NOTIFICATION, INSTRUCTION OR CI R C ULAR HAS BEEN HELD TO BE ILLEGAL OR ULTRA VIRES, OR (C) (D) .. 2. WE FIND THAT THIS TRIBUNAL HAD ONLY DIS MISSED THE APPEAL ON THE GROUND OF L OW TAX EFFECT. FROM THE PERUSAL OF THE ORDER OF THE TRIBUNAL, NOWHERE WE FIND THAT THE APPEAL OF T HE REVENUE HAS BEEN DISMISSED ON THE GROUND THAT CBDT ORDER , NOTIFICATION, INSTRUCTION, OR C IRCULAR HAS BEEN HELD TO BE ILLEGAL OR ULTRA VIRES. HENCE, WE FIND THAT THE MISCELLANEOUS APPLICATION OF THE REVENUE DOES NOT POINT OUT THE CLEAR ERROR IN THE ORD E R PASSED BY T HIS TRIBUNAL AND WE ALSO H O LD THAT THE SAID CASE DO ES NOT FALL UNDER PARA 10 ( B ) OF THE CBDT CIRCULAR . HENCE, THE MISCELLANEOUS APPLICATION OF THE REVENUE IS DISMISSED. M A NO . 96 /MUM/ 2020 M/S. S.B.&T INTERNATIONAL LTD., 3 3. IN THE RESULT, MISCELLANEOUS APPLICATION OF THE REVE NUE IS DISMISSED. ORDER PRONOUNCE D ON 26 / 03 / 202 1 BY WAY OF PROPER M ENTIONING IN T HE NOTICE BOARD. SD/ - ( JUSTI CE P.P. BHATT ) SD/ - (M.BALAGANESH) PRESIDENT ACCOUNTANT MEMB ER MUMBAI ; DATED 26 / 03 / 202 1 K ARUNA , SR.PS COPY OF THE O RDER FORWARDED TO : BY ORDER, ( ASSTT. REGIST RAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITA T, MUMBAI 6. GUARD FILE. //TRUE COPY//