THE ITO-24(2)(5), Mumbai v. M/S MONARCH LOGISTIC SHIPPING AGENCY, Mumbai

MA 159/MUM/2020 | 2007-2008
Pronouncement Date: 26-03-2021 | Result: Dismissed

Appeal Details

RSA Number 15919924 RSA 2020
Assessee PAN AAIFM4694E
Bench Mumbai
Appeal Number MA 159/MUM/2020
Duration Of Justice 1 year(s) 8 day(s)
Appellant THE ITO-24(2)(5), Mumbai
Respondent M/S MONARCH LOGISTIC SHIPPING AGENCY, Mumbai
Appeal Type Miscellaneous Application
Pronouncement Date 26-03-2021
Appeal Filed By Department
Order Result Dismissed
Bench Allotted D
Tribunal Order Date 26-03-2021
Last Hearing Date 15-01-2021
First Hearing Date 15-01-2021
Assessment Year 2007-2008
Appeal Filed On 18-03-2020
Judgment 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. 159 / MUM/2020 (ARISING OUT OF I TA NO. 1948/ MUM/ 2019 ( ASSESSMENT YEAR : 2007 - 08 ) THE ITO - 24(2)(5) R.NO.61 1 PIRAMAL CHAMBERS LALBAUGH PAREL MUMBAI 400 012 VS. M/S. MO NARCH LOGISTIC SHIPPING AGENCY 1 ST FLOOR RANG OLI COMPLEX SAHAR AIRPORT ANDHERI (E) MUMBAI 400 099 PAN/GIR NO. AAIFM4694 E (APPELLANT ) .. (RESPONDENT ) REVENUE BY SHRI SUNIL DESHPANDE ASSESSEE BY NONE 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 APPLICATION THE REVENUE SEEKS TO RECALL THE ORDER PASSED BY THIS TRIBUNAL IN ITA NO.1948/MUM/2019 DATED 21/08/2019 F OR A.Y .2007 - 08. WE FIND THAT THIS TRIBUNAL IN ITS ORDER HAD DISMISSED THE APPEAL ON THE GROUND OF LOW TAX EFFECT BY FOLLO WING THE CBDT CIRCULAR NO.17/ 2019 DATED 08/08/2019 R EAD WITH CIRCULAR M A NO . 159 /MUM/ 2020 M/S. MONARCH LOGISTIC SHIPPING AGENCY 2 NO.03/2018 DATED 11/07/ 2018. FROM THE PERUSAL OF THE ENTIRE MI SCEL LANEOUS APPLICATION F ILED BY THE REVENUE WE FIND THAT NOWHERE THE REVENUE WAS AB LE TO POINT OUT AS TO HOW THE SAID APPEAL FALLS WITHIN THE EXCEPTIONS PROVIDED IN PARA 10 OF THE CBDT CIRCULAR NO.03/2018 DATED 11/0 7/2018. EVEN THE L D. DR BEFORE US WAS NOT ABLE TO POINT OUT AS TO HOW THIS CASE FALLS UNDER ANY O F THE EXCEPTIONS PROVIDED IN PARA 10 OF THE CBDT CIRCULAR. HENCE WE ARE NOT INCLINED TO ACCEPT THE MISCELLANEOUS APPLICATION PREFERRED BY THE REVENUE. 2. IN THE RESULT THE 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) PRE SIDENT ACCOUNTANT MEMB ER MUMBAI ; DATED 26 / 03 / 202 1 KARUNA SR.PS COPY OF THE O RDER FORWARDED TO : BY ORDER ( ASSTT. REGIST RAR) ITAT MUMBA 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A) MUMBAI. 4. CIT 5. DR ITA T MUMBAI 6. GUARD FILE. //TRUE COPY//