ACIT, CIR.-2(2)(1), MUMBAI v. STATE BANK OF SAURASHTRA (NOW MERGED WITH SBI), MUMBAI

MA 250/MUM/2016 | 2006-2007
Pronouncement Date: 14-10-2016

Appeal Details

RSA Number 25019924 RSA 2016
Assessee PAN AACCS9880R
Bench Mumbai
Appeal Number MA 250/MUM/2016
Duration Of Justice 2 month(s) 17 day(s)
Appellant ACIT, CIR.-2(2)(1), MUMBAI
Respondent STATE BANK OF SAURASHTRA (NOW MERGED WITH SBI), MUMBAI
Appeal Type Miscellaneous Application
Pronouncement Date 14-10-2016
Appeal Filed By Department
Bench Allotted A
Tribunal Order Date 14-10-2016
Assessment Year 2006-2007
Appeal Filed On 27-07-2016
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH MUMBAI BEFORE: SHRI R.C.SHARMA AM & SHRI PAWAN SINGH JM M.A.NO.2 50/MUM/2016 I.T.A.NO. 5337 /MUM/201 5 ( ASSESSMENT YEAR : 200 6 - 200 7 ) ACIT CIRCLE 2(2)(1) MUMBAI - 400020 VS. STATE BANK OF SAURASHTRA (NOW MERGED WITH SBI) FINANCIAL REPORTING AND TAXATION 3 RD FLOOR STATE BANK BHAVAN MADAM CAMA ROAD MUMBAI - 21 PAN/GIR NO. : A ACCS9880R ( APPELLANT ) .. ( RESPONDENT ) REVENUE BY : SHRI B. SATYANARAYANA RAJU ASSESSEE BY : SHRI C. NARESH DATE OF HEARING : 07 / 1 0/2016 DATE OF PRONOUNCEMENT : 14/10/2016 / O R D E R PER R.C.SHARMA (A.M) : TH IS M.A AROSE OUT OF ORDER OF TRIBUNAL DATED 21/12/2015 IN ITA NO.5337/ MUM/ 2015 . 2. THROUGH THIS MA IT WAS CONTENDED BY LEARNED DR THAT ALL THE APPEALS FILED BY THE DEPARTMENT WAS DISMISSED BY TRIBUNAL ON THE GROUND OF TAX EFFECT HOWEVER IN RESPECT OF ITA NO.5337/MUM/2015 THE TAX EFFECT IS MORE THAN 10 LAKHS THEREFORE NOT COVERED BY THE CBDT CIRCULAR DATED 10/12/2015. 2 M.A.NO. 250 - 201 6 ITA NO. 5337 - 2015 ACIT VS. STATE BANK OF SAURASHTRA 3. WE HAVE G ONE THROUGH THE ORDER OF THE TRIBUNAL AND FOUND THAT ITA NO.5337/MUM/2015 FILED BY THE REVENUE IS HAVING TAX EFFECT OF MORE THAN 10 LAKHS THEREFORE NOT COVERED BY THE CBDT CIRCULAR NO.21/15 DATED 10/12/2015. 4. DISMISSING THE APPEAL OF REVENUE ON THE GRO UND OF TAX EFFECT AMOUNTS TO MISTAKE APPARENT FROM RECORD. ACCORDINGLY WE RECTIFY THE MISTAKE APPARENT AND RECALL THE ORDER OF THE TRIBUNAL IN ITA NO.5337/MUM/2015 AND REGISTRY IS DIRECTED TO FIX THE APPEAL FOR HEARING ON 24/10/2016. THE DATE WAS PRONOUNC ED IN OPEN COURT. NO SEPARATE NOTICE BE ISSUED. 5. IN THE RESULT MA IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 14/10 /2016 . S D/ - ( PAWAN SINGH ) S D/ - (R.C.SHARMA) JUDICIAL MEMBER ACCOUNTANT M EMBER MUMBAI ; DATED 14 / 10 / 2016 KARUNA SR. PS / COPY OF THE ORDER FORWARDED TO : / BY ORDER / ( ASSTT. REGISTRAR) / ITAT MUMBAI 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) MUMBAI. 4. / C IT 5. / DR ITAT MUMBAI 6. / GUARD FILE. //TRUE COPY//