IN INCOME TAX APPELLATE TRIBUNAL, BENCH F , MUMBAI BEFORE SHRI SANJAY ARORA, ACCOUNTANT MEMBER AND SHRI PAWAN SINGH, JUDICIAL MEMBER M.A. No. 107 Mum 2016 (Arising out of ITA No.8373 Mum 2011) Assessment Year: 2006-07 ITO 11(3)(3), M s Vijay Synthetic Prints Pvt. Ltd. Room No. 429, 4th Floor, 109, 1st Floor, Mehra Industrial Aayakar Bhawan, M.K. Road, Compound, Saki Naka, Andheri Kurla Mumbai-400020 Vs. Road, Andheri (East) Mumbai-400072. PAN: AAACV0178K (Appellant) (Respondent) Revenue by : Shri Shekhar Gupta (DR) Assessee by : Shri Pawan Kumar Beerla (AR) Date of hearing : 26.08.2016 Date of Pronouncement : 20.09.2016 ORDER PER PAWAN SINGH, JM: 1. present Miscellaneous Applications (MA) is filed by Revenue for rectification of order dated 01.12.2015. 2. In application, applicant Revenue in nutshell pleaded that order was passed by bench holding that tax effect involved in appeal is below Rs. 4,00,000 -, relying upon Circular Instruction No. 05 14 of CBDT dated 10.07.2014. In application, applicant Revenue further pleaded that tax effect in present appeal is in fact Rs. 27,05,113 . total disallowance in present appeal were consisting of Rs. 81,18,626 - on account of bad debt, Rs. 3,52,200 - on account of other bad debt and Rs. 2,83,284 - on account of brokerage, total of Rs. 87,54,410 -. It is prayed in application that order dated 01.12.2015 may be recalled set-aside and appeal of Revenue be restored. 3. We have heard Ld. Departmental Representative (DR) for Revenue and ld Authorised Representative (AR) for assessee and perused contents of order and order of authorities below. attention of Ld. DR for Revenue was invited to paragraph no.3 of order of this Tribunal, wherein it is specifically referred that DR has admitted tax effect involved in appeal was less than Rs. 4,00,000 -. Ld. DR for Revenue fairly conceded that due oversight and inadvertent mistake, tax effect was admitted less than 2 MA No. 107 M 2016 M s Vijay Synthetic Prints Pvt. Ltd. Rs. 4,00,000 -. Ld DR for Revenue argued that appeal filed before Tribunal is with regard to disallowances consisting of Rs. 81,18,626 - on account of bad debt, Rs. 3,52,200 - on account of other bad debt and Rs. 2,83,284 - on account of brokerage, total of Rs. 87,54,410 - . Ld DR further argued that total notional tax liability is more than Rs. 25 lacs. AR of assessee supported order of Tribunal and argued that order passed by Tribunal does not suffer any infirmity and not required any further interference. 4. We have considered rival contention of parties and further perused assessment order. In fact in assessment order, AO made disallowance of write off of bad debt of Rs. 81,18,626 - of M s Dharampal Brothers P. Ltd. and Rs. 3,52,200 - of K.S. International and further disallowed brokerage of Rs. 2,83,284 - paid to M s Chirag Investment and Rs. 1,25,000 - to Shri Ajit Mehta. FAA while hearing appeal of assessee hold that disallowance of bad debt written of amounting to Rs. 81,18,626 - were advance given to sister concern M s Dharampal Brothers P.Ltd and directed AO to allow business loss u s 28 r.w.s 37. And in respect of Rs. 3,52,000 - relating to M s K.S. International it was held that assessee sold fabric to them and therefore condition u s 36(1)(vii) are satisfied and directed AO to allow write off Bed Debt. Ld. CIT(A) further deleted disallowance of commission of Rs. 2,83,224 - paid to Shri Chiraj Investment. All three deletion of disallowance was subject matter of appeal before Tribunal. total disallowance under consideration was Rs. 87,54,410 -. tax effect has been defined in Board Circular No. 5 20014(supra) to include reduction in returned loss in assessment, which is in present case is at Rs.81.18 lacs. same (reduction) being disputed, tax effect effect on disputed disallowance is more than Rs. 25.00 lacs. Considering fact and tax effect involved in present appeal, order dated 01.12.2015 is recalled. present M.A. is disposed of by recalling order dated 01.12.2015. Since order is recalled. 5. In result, M.A filed by Revenue is allowed. registry is directed to fix matter for regular hearing in its due course. Order pronounced in open court on this 20th September, 2016. Sd - Sd - (SANJAY ARORA) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai; Dated 20 09 2016 S.K.PS 3 MA No. 107 M 2016 M s Vijay Synthetic Prints Pvt. Ltd. Copy of Order forwarded to : 1. Appellant 2. Respondent. 3. ( ) CIT(A), Mumbai. 4. CIT BY ORDER, 5. , , DR, ITAT, Mumbai 6. [ Guard file. True Copy (Asstt.Registrar) , ITAT, Mumbai ITO 11(3)(3), Mumbai v. M/s Vijay Synthetic Prints Pvt. Ltd