ASSISTANT COMMISSIONER OF INCOME TAX - 4(2)(1), MUMBAI V. GEHNA JEWELLERS PRIVATE LIMITED, MUMBAI

MA 131/MUM/2025

AI Insights

The case involves a Miscellaneous Application (MA No.131/MUM/2025) filed by the Revenue seeking rectification of an order dated 12/08/2024 related to ITA No.1155/Mum/2024 for the Assessment Year 2013-2014. The original appeal by the Revenue was against an order from the National Faceless Appeal Centre (NFAC), Delhi, which had disposed of the Assessee's appeal concerning an Assessment Order dated 31/03/2022 under Section 147 read with Section 144B of the Income Tax Act, 1961. The Tribunal initially misunderstood the applicability of the Vivad Se Vishwas Scheme, 2020 (VSVS) to the case, believing the issue was settled under this scheme, which was incorrect as the VSVS Form No.5 issued pertained to a different assessment order dated 30/06/2016 under Section 143(3). This mistake was identified and corrected, leading to the recall of the previous order and restoration of the appeal.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 706100 (ITAT-MUMBAI)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 03-07-2025
• Appeal Filed By: Department
• Order Result: Allowed
• Assessment Year: 2013-2014
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: ASSESSEE
• Keywords: Rectification of order
• Section: 147; 143(3)

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL \"G\" BENCH, MUMBAI SHRI OM PRAKASH KANT, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY, JUDICIAL MEMBER MA No.131/MUM/2025 (Arising out of ITA No.1155/Mum/2024) (Assessment Year:2013-2014) The Assistant Commissioner of Income Tax 4(2)(1), Mumbai 642, 6th Floor, Aayakar Bhavan, M. K. Road, Mumbai - 400020. ……………. Appellant Vs Gehna Jewellers Private Limited 5, Kakad Palace, Turner Road, Bandra, Mumbai – 400050. [PAN:AADCG8796M] ……………. Respondent Appearance For the Appellant/ Department For the Respondent/Assessee : : Shri B. V. Jhaveri Shri Himanshu Joshi Date Conclusion of hearing Pronouncement of order : : 27.06.2025 03.07.2025 O R D E R Per Rahul Chaudhary, Judicial Member: 1. The present Miscellaneous Application has been preferred by the Revenue for rectification of order, dated 12/08/2024, passed by the Tribunal in ITA No.1155/Mum/2024, pertaining to the Assessment Year 2013-2014. The aforesaid appeal was preferred by Revenue against the order, dated 24/01/2024, passed by the National Faceless Appeal Centre (NFAC), Delhi whereby the appeal preferred by the Assessee against the Assessment Order, dated 31/03/2022, passed under Section 147 read with Section 144B of the Act was MA No.131/Mum/2025 (Arising out of ITA No.1155/Mum/2024) Assessment Year 2013-2014 2 disposed off. 2. When this application was taken up for hearing both the sides were ad-idem that the appeal preferred by the Revenue has been disposed off by the Tribunal on the basis of incorrect understanding that the issue raised in the said appeal was settled under Vivad Se Vishwas Scheme, 2020 [for short ‘VSVS’] by placing reliance on the order passed by the first appellate authority. We note that Form No.5 was issued under VSVS on 29/10/2021, whereas the relevant Assessment Order under Section 147 of the Income Tax Act, 1961 [hereinafter referred to as ‘the Act’] was passed on 31/03/2022. From the aforesaid it is clear that Form No.5 issued under VSVS pertained to the Assessment Order, dated 30/06/2016 passed under Section 143(3) of the Act whereby income of the Assessee was assessed at INR.4,11,46,480/-. Whereas, the issues raised in the present appeal arise from the Assessment Order, dated 31/03/2022 passed under Section 147 read with Section 144B of the Act subsequent to issuance of the aforesaid Form No. 5 under VSVS (pertaining to Assessment Order, dated 30/06/2016 passed under Section 143(3) of the Act). This constitutes a mistake apparent on record. Accordingly, we recall the order, dated 12/08/2024, passed in ITA No.1155/Mum/2024 preferred by the Revenue for the Assessment Year 2013-2014. The appeal is restored to its original number and the Registry is directed to list the appeal for hearing before regular MA No.131/Mum/2025 (Arising out of ITA No.1155/Mum/2024) Assessment Year 2013-2014 3 Bench on 21/08/2025, a date already communicated to both the sides during the hearing. The Assessee is directed to take necessary steps to file paper-book, if any, before the next date of hearing with advance copy to the other side as per applicable rules. 3. In result, the Miscellaneous Application preferred by the Revenue is allowed. Order pronounced on 03.07.2025. Sd/- Sd/- (Om Prakash Kant) Accountant Member (Rahul Chaudhary) Judicial Member म ुंबई Mumbai; दिन ुंक Dated :03.07.2025 Milan, LDC MA No.131/Mum/2025 (Arising out of ITA No.1155/Mum/2024) Assessment Year 2013-2014 4 आदेश की प्रतितिति अग्रेतिि/Copy of the Order forwarded to : 1. अपील र्थी / The Appellant 2. प्रत्यर्थी / The Respondent. 3. आयकर आय क्त/ The CIT 4. प्रध न आयकर आय क्त / Pr.CIT 5. दिभ गीय प्रदिदनदध, आयकर अपीलीय अदधकरण, म ुंबई / DR, ITAT, Mumbai 6. ग र्ड फ ईल / Guard file. आिेश न स र/ BY ORDER, सत्य दपि प्रदि //True Copy// उप/सह यक पुंजीक र /(Dy./Asstt. Registrar) आयकर अपीलीय अदधकरण, म ुंबई / ITAT, Mumbai "