GAMMON NEELKANTH REALTY CORPORATION,MUMBAI, MAHARASHTRA V. DY. COMMISSIONER OF INCOME TAX, CIRCLE 27(1), MUMBAI, NAVI MUMBAI, MAHARASHTRA

MA 34/MUM/2026

AI Insights

The case involves Gammon Neelkanth Realty Corporation, which filed a Miscellaneous Application seeking clarification on a previous Tribunal order regarding additions made to their assessed income for the Assessment Year 2016-17. The Tribunal had earlier remitted the matter back to the CIT(A) for fresh adjudication, but there was a misunderstanding about the scope of this remission. The Tribunal clarified that both additions related to the case were to be considered for de novo adjudication. Additionally, a clerical error in the mention of the Assessment Year in the previous order was corrected.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 833408 (ITAT-MUMBAI)
• Duration Of Justice: 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 03-02-2026
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2016-2017
• Appeal Filed On: 16-01-2026
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRAVIN SALUNKHE
• Assessee Lawyers: GYANESHWAR KATARAM; PRATIK MEHTA; ARS
• Keywords: Opportunity of being heard; Application of stay
• Section: 143(3); 37(1)

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE SMT. BEENA PILLAI (JUDICIAL MEMBER) & SHRI GIRISH AGRAWAL (ACCOUNTANT MEMBER) M.A. No. 34 /Mum/2026 I.T.A. No. 6239/Mum/2025 Assessment Year: 2016-17 Gammon Neelkanth Realty Corporation Ground Floor Neelkanth Kingdom Nathani Mill Compound Next to Vidyavihar East Mumbai - 400086 [PAN: AAFFG0913P] Vs. Dy. Commissioner of Income Tax, Circle – 27(1), Mumbai (Appellant) (Respondent) Assessee by Shri Gyaneshwar Kataram & Shri Pratik Mehta, ARs Revenue by Shri Pravin Salunkhe, Sr. Dr Date of Hearing 30.01.2026 Date of Pronouncement 03.02.2026 ORDER Per Smt. Beena Pillai, JM: This Miscellaneous Application has been filed by the Assessee seeking clarification of this Tribunal’s order dated 11/12/2025 passed in ITA No. 6239/MUM/2025. 2. Brief background :- The Assessee filed its return of income declaring total income of ₹2,87,32,420/-. The assessment was completed under section 143(3) vide order dated 24/12/2018, wherein the following additions were made: Printed from counselvise.com 2 M.A. No. 341/Mum/2026 Particulars Amount (₹) Interest on Society Corpus Fund 60,21,474 Penalty on N.A. Tax u/s 37(1) 1,79,930 Total Additions 62,01,404 Consequently, the total assessed income was determined at ₹3,49,33,824/-. Aggrieved, the Assessee preferred appeal before the Ld. CIT(A), who vide order dated 04/08/2025 upheld the additions. The Assessee thereafter filed appeal before the Tribunal in ITA No. 6239/MUM/2025. This Tribunal, vide order dated 11/12/2025, remitted the matter back to the file of the Ld. CIT(A). 2. The Assessee submits that although this Tribunal, in paragraph 1 of its order dated 11/12/2025, reproduced the Grounds of Appeal relating to both additions totalling ₹62,01,404/-, the office of the Ld. PCIT has understood that only the addition of ₹62,01,404/- has been upheld and not remitted. It is the contention of the Assessee that such understanding is contrary to the operative portion of the Tribunal’s order, which intended to remit the matter to the Ld. CIT(A) for fresh adjudication. The Assessee has therefore sought for a clarification that both additions, namely: • Interest on Society Corpus Fund – ₹60,21,474/- • Penalty on N.A. Tax – ₹1,79,930/- stand remitted to the file of the Ld. CIT(A) for de novo adjudication. 3. The Ld. AR submitted that, the Grounds of Appeal reproduced by the Tribunal clearly covered both additions and that the relief granted was in respect of the entire disputed sum of ₹62,01,404/-. Printed from counselvise.com 3 M.A. No. 341/Mum/2026 3.1. The Ld. DR relied on the understanding recorded by the Ld. PCIT in the stay proceedings. 4. We have carefully considered the prayer raised in the present Miscellaneous Application, in the Tribunal’s order dated 11/12/2025, and the records placed before us. 4.1. On perusal of paragraph 1 of the said order, it is evident that the Grounds of Appeal reproduced therein relate to both additions made in the assessment order dated 24/12/2018, namely: • Interest on Society Corpus Fund – ₹60,21,474/- • Penalty on N.A. Tax – ₹1,79,930/- Further, the operative portion of the Tribunal’s order remits the matter back to the file of the Ld. CIT(A) for fresh adjudication. There was no finding in the Tribunal’s order upholding either of the two additions. The intention of the Tribunal was to remit the entire disputed issue aggregating to ₹62,01,404/- to the Ld. CIT(A) for de novo adjudication in accordance with law after granting due opportunity of being heard to the assessee. Accordingly, any understanding that the addition of ₹62,01,404/- or any part thereof has been upheld is not in consonance with the Tribunal’s order dated 11/12/2025. 5. In view of the above, we hereby clarify that, both additions made in the assessment order dated 24/12/2018, namely, Interest on Society Corpus Fund of ₹60,21,474/- and Penalty on N.A. Tax of ₹1,79,930/-, aggregating to ₹62,01,404/-, stand remitted to the file of the Ld. CIT(A) for de novo adjudication in accordance with law. 5.1. We further note that in paragraph 3.1 of the order dated 11/12/2025, the Assessment Year has been inadvertently Printed from counselvise.com 4 M.A. No. 341/Mum/2026 mentioned as “A.Y. 2008–09 to 2012–13”, whereas the correct and relevant Assessment Year would be “A.Y. 2012–13” only. This appears to be a clerical and typographical error apparent on record. Accordingly, in exercise of powers under section 254(2) of the Act, we hereby direct that the reference to “A.Y. 2008–09 to 2012–13” in para 3.1 of the order dated 11/12/2025 shall be read as “A.Y. 2012–13”. This correction shall form an integral part of the Tribunal’s order dated 11/12/2025, and all other parts of the order shall remain unchanged. 7. In the result, the Miscellaneous Application is allowed. Order pronounced in the open court on 03/02/2026 Sd/- Sd/- (GIRISH AGRAWAL) (BEENA PILLAI) Accountant Member Judicial Member Mumbai Dated: 03/02/2026 SC Sr. P.S. Copy of the order forwarded to: (1)The Appellant (2) The Respondent (3) The CIT (4) The CIT (Appeals) (5) The DR, I.T.A.T. True Copy By order (Asstt. Registrar) ITAT, Mumbai Printed from counselvise.com "