ACIT – Circle 2(2)(1), Mumbai v. State Bank of Saurashtra (now merged with SBI)
[Citation -2016-LL-1014-28]

Citation 2016-LL-1014-28
Appellant Name ACIT – Circle 2(2)(1), Mumbai
Respondent Name State Bank of Saurashtra (now merged with SBI)
Court ITAT-Mumbai
Relevant Act Income-tax
Date of Order 14/10/2016
Assessment Year 2006-07
Judgment View Judgment
Keyword Tags mistake apparent • tax effect • recalling order
Bot Summary: 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 not covered by the CBDT circular dated 10 12 2015. We have gone 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 not covered by the CBDT circular No.21 15 dated 10 12 2015. Dismissing the appeal of revenue on the ground 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. Order pronounced in the open court on this 14 10 2016.


IN INCOME TAX APPELLATE TRIBUNAL , BENCH MUMBAI BEFORE: SHRI R.C.SHARMA, AM & SHRI PAWAN SINGH, JM M.A.NO.250 MUM 2016 I.T.A.NO.5337 MUM 2015 (Assessment Year : 200 6-2007) ACIT Circle 2(2)(1), Vs. State Bank of Mumbai-400020 Saurashtra(now merged with SBI), Financial Reporting and Taxation, 3rd Floor, State Bank Bhavan, Madam Cama Road, Mumbai -21 PAN GIR No. : AACCS9880R (Appellant) .. ( Respondent) Revenue by : Shri B. Satyanarayana Raju Assessee by : Shri C. Naresh Date of Hearing : 07 10 2016 Date of Pronouncement :14 10 2016 ORDER PER R.C.SHARMA (A.M): This 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 appeals filed by department was dismissed by Tribunal on ground of tax effect, however in respect of ITA No.5337 Mum 2015, tax effect is more than 10 lakhs, therefore, not covered by CBDT circular dated 10 12 2015. 2 M.A.No.250-2016, ITA No.5337-2015 ACIT vs. State Bank of Saurashtra 3. We have gone through order of Tribunal and found that ITA No.5337 Mum 2015 filed by revenue is having tax effect of more than 10 lakhs, therefore, not covered by CBDT circular No.21 15 dated 10 12 2015. 4. Dismissing appeal of revenue on ground of tax effect amounts to mistake apparent from record. Accordingly, we rectify mistake apparent and recall order of Tribunal in ITA No.5337 Mum 2015 and Registry is directed to fix appeal for hearing on 24 10 2016. date was pronounced in open Court. No separate notice be issued. 5. In result, MA is allowed. Order pronounced in open court on this 14 10 2016. Sd - Sd - (PAWAN SINGH) (R.C.SHARMA) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated 14 10 2016 Karuna, Sr. PS Copy of Order forwarded to : 1. Appellant 2. Respondent. 3. CIT(A), Mumbai. 4. CIT 5. DR, ITAT, Mumbai BY ORDER, 6. Guard file. True Copy (Asstt. Registrar) , ITAT, Mumbai ACIT – Circle 2(2)(1), Mumbai v. State Bank of Saurashtra (now merged with SBI)
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