ACIT-6(1)(2), MUMBAI v. M/S.BENZO CHEM INDUSTRIES PRIVATE LIMITED, MUMBAI

MA 106/MUM/2020 | 2014-2015
Pronouncement Date: 26-03-2021 | Result: Dismissed

Appeal Details

RSA Number 10619924 RSA 2020
Assessee PAN AAACB3369G
Bench Mumbai
Appeal Number MA 106/MUM/2020
Duration Of Justice 1 year(s) 1 month(s)
Appellant ACIT-6(1)(2), MUMBAI
Respondent M/S.BENZO CHEM INDUSTRIES PRIVATE LIMITED, MUMBAI
Appeal Type Miscellaneous Application
Pronouncement Date 26-03-2021
Appeal Filed By Department
Order Result Dismissed
Bench Allotted B
Tribunal Order Date 26-03-2021
Last Hearing Date 15-01-2021
First Hearing Date 15-01-2021
Assessment Year 2014-2015
Appeal Filed On 26-02-2020
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH MUMBAI BEFOR E: HONBLE JUSTICE P.P. BHATT PRESIDENT & SHRI M.BALAGANESH AM M.A. NO. 106 /MUM/2020 (ARISING OUT OF ITA NO. 4195 /MUM/ 2019 ( ASSESSMENT YEAR : 2014 - 15 ) ACIT - 6(1)(1) ROOM NO.506 B 5 TH FLOOR AAYAKAR BHAVAN M.K.ROAD CHURCHGATE MUMBAI 400 020 VS. M/S. BENZO CHEM INDUSTRIES PVT. LTD. GROUND FLOOR MADHUKUNJ OFF. SAYANI ROAD SHANKAR GHANEKAR MARG PRABHADEVI MUMBAI - 400025 PAN/GIR NO. AAACB3369G (APPELLANT ) .. (RESPONDENT ) RE VENUE BY SHRI VIJAYKUMAR MENON ASSESSEE BY NONE DATE OF HEARING 26 / 03 /202 1 DATE OF PRONOUNCEMENT 26 / 03/ 202 1 / O R D E R PER M. BALAGANESH (A.M) : BY VIRTUE OF THIS MISCELLANEOUS APPLICATION THE REVENUE SEEKS TO RECALL THE ORDER PAS SED BY THIS TRIBUNAL FOR A.Y. 20 14 - 15 ON 21/08/2019 WHEREIN THIS TRIBUNAL HAD DISMISSED THE APPEAL OF THE REVENUE BY FOLLOWING THE CIRCULAR ISSUED BY THE CBDT VIDE CIRCULAR NO.17/2019 DATED 08/08/2019 ON THE GROUND THAT THE TAX EFFECT INVOLVED ON THE DISPU TED ISSUES WAS LESS THAN THE PRESCRIBED MONETARY LIMITS AS PER THE AFORESAID CIRCULAR. M A NO . 106 /MUM/ 2020 M/S. BENZO CHEM INDUSTRIES PVT. LTD. 2 2. WE FIND THAT THE REVENUE IN ITS MISCELLANEOUS APPLICATION HAD SUBMITTED THAT ADDITIONS IN THE ASSESSMENT WERE MADE BASED ON THE INFORMATION RECEIVED FROM INVESTIGAT ION WING OF THE INCOME TAX DEPARTMENT AND THAT THE SAME FALLS UNDER THE EXCEPTION PROVIDED IN PARA 10(E) OF THE CBDT CIRCULAR AND HENCE THE APPEAL OF THE REVENUE CANNOT BE DISMISSED ON THE GROUND THAT THE TAX EFFECT IS LESS THAN THE PRESCRIBED MONETARY LI MITS. WE FIND THAT ON PERUSAL OF THE PARA 10(E) OF THE CBDT CIRCULAR NO.3/ 20 18 DATED 11/07/2018 AND CIRCULAR NO.17/ 20 19 DATED 08/08/2019 THAT THE SAID PARA 10(E) ONLY SPEAKS ABOUT INFORMATION RECEIVED FROM EXTERNAL AGENCIES SUCH AS SALES TAX DEPARTMENT SE RIOUS FRAUD INVESTIGATION OFFICE SEBI ETC. ADMITTEDLY THE INFORMATION RECEIVED FROM INVESTIGATION WING OF INCOME TAX DEPARTMENT WOULD FALL ONLY WITHIN THE AMBIT OF INTERNAL SOURCE OF INFORMATION. HENCE IN OUR CONSIDERED OPINION THE SAID INTERNAL INFOR MATION RECEIVED FROM INVESTIGATION WING OF INCOME TAX DEPARTMENT WOULD NOT FALL WITHIN THE EXCEPTION CLAUSE PROVIDED IN PARA 10(E) OF THE CBDT CIRCULAR. HENCE WE HOLD THAT THE ORDER PASSED BY THIS TRIBUNAL DOES NOT WARRANT ANY RECTIFICATION U/S.254(2) OF THE ACT. ACCORDINGLY THE MISCELLANEOUS APPLICATION PREFERRED BY THE REVENUE IS DISMISSED. 3. IN THE RESULT THE MISCELLANEOUS APPLICATION PREFERRED BY THE REVENUE IS DISMISSED. O RDER PRONOUNCED ON 26 / 03 /202 1 BY WAY OF PROPER MENTIONING IN THE NOTICE BOARD. SD/ - ( JUSTICE P.P. BHATT ) SD/ - (M.BALAGANESH) PRESIDENT ACCOUNTANT MEMBER MUMBAI ; DATED 26 / 03 / 202 1 M A NO . 106 /MUM/ 2020 M/S. BENZO CHEM INDUSTRIES PVT. LTD. 3 KARUNA SR.PS COPY OF THE ORDER FORWARDED TO : BY ORDER ( ASSTT. REGISTRAR) IT AT MUMBAI 1. THE APPELLANT 2. T HE RESPONDENT. 3. THE CIT(A) MUMBAI. 4. CIT 5. DR ITAT MUMBAI 6. GUARD FILE. //TRUE COPY//