9911796707
TMI Blog2020 (3) TMI 126X X X X Extracts X X X X X X X X Extracts X X X X ..... am Walve, learned standing counsel Revenue for the Petitioner. 2. Principal Commissioner of Income Tax-8, Mumbai, Petitioner in this Petition filed under Article 226 of the Constitution of India, is assailing the order dated 05.07.2019 passed by the Income Tax Appellate Tribunal, "G" Bench, Mumbai (briefly, the Tribunal hereinafter), rejecting the Misc. Application filed by the Revenue. 3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of such transaction was assessed at 12.5% which was treated as the suppressed profit element embedded in such purchases while directing deletion of the remaining amount. 5. Aggrieved by the said order of the first appellate authority, the assessee preferred further appeal before the Tribunal which was registered as ITA No. 4576/Mum/2017. It appears that the Revenue also filed an appeal against t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ind any illegality or infirmity in the order passed by the first appellate authority. 7. On the ground that Revenue's appeal was not heard by the Tribunal which remained pending, Misc. Application No. 88/Mum/ 2019 was filed on behalf of the Revenue for recall of the order dated 20.12.2017 and for hearing both the appeals together. 8. Tribunal by the order dated 05.07.2019 took the view that such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2019 but on the above ground, we feel that filing of the Misc. Application by the Revenue was wholly unwarranted. 11. Appeal filed by the Revenue stated to be pending before the Tribunal would be covered by the decision rendered by the Tribunal in the appeal of the assessee unless reversed in subsequent proceedings by the High Court. 12. Therefore, we do not find any merit in the Writ Petition. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
