MAFATLAL DENIM LTD, MUMBAI V. DCIT CIR 9(2), MUMBAI

ITA 1993/MUM/2013

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 92966 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 3 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-06-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 03-06-2015
• Assessment Year: 2001-2002
• Appeal Filed On: 12-03-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: K K VED
• Keywords: Rectification of order
• Section: 6; 154

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH B , MUMBAI BEFORE SHRI G.S. PANNU , ACCOUNTANT MEMBER AND SHRI SANJAY GARG , JUDICIAL MEMBER ITA NO. 1993/M/2013 ASSESSMENT YEAR: 2001 - 02 M/S. MAFATLAL DENIM LTD., KALEDONIA , OFFICE NO.3, 6 TH FLOOR, SA HAR ROAD, ANDHERI (EAST) MUMBAI 400 0 69 PAN: AAACM 3977B VS. THE DY. COMM. OF INCOME - TAX, CIRCLE 9(2), AAYAKAR BHAVAN, M AHARSHI KARVE MARG , MUMBAI - 400020 (APPELLANT) (RESPONDENT) PRESENT FOR: ASSESSEE BY : SHRI K.K . VED, A.R. REVENUE BY : SHRI YOGESH KUMAR, D.R. DATE OF HEARING : 12.06. 201 5 DATE OF PRONOUNCEMENT : 12.06. 2015 O R D E R PER SANJAY GARG, JUDICIAL MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE ASSESSEE AGAINST THE ORDER DATED 03.12.2012 OF THE COMMISSIONER OF INCOME TAX (APPEALS) [(HEREINAFTER REFERRED TO AS CIT(A)] RELEVANT TO ASSESSMENT YEAR 2001 - 02 . 2. THE MATTER WAS EARLIER HEARD ON 09.06.2015. THE LD. A.R. OF THE ASSESSEE HAD BROUGHT TO THE KNOWLEDGE OF THIS TRIBUNAL THAT THE ISSUES UNDER CONSIDERATION HAD BEEN DECIDED BY THE TRIBUNAL VIDE ORDER DATED 23.09.2010 IN ITA NO.2269/M/2006. HOWEVER, THE ASSESSING OFFICER (HEREINAFTER REFERRED TO AS THE AO) , WHILE GIVING EFFECT TO THE ORDER OF THE TRIBUNAL, VI DE ORDER DATED 29.12.11 HAD FAILED TO GIVE FULL EFFECT TO THE ORDER OF THE TRIBUNAL IN RELATION TO THE RELIEFS GRANTED BY THE TRIBUNAL ON DIFFERENT ISSUES. THE ASSESSEE PREFERRED APPEAL BEFORE THE LD. CIT(A). ITA NO.1993/M/2013 M/S. MAFATLAL DENIM LTD. 2 3. THE LD. CIT(A) , VIDE IMPUGNED ORDER, HELD THAT THE ASSESSEE SHOULD HAVE APPROACHED THE AO BY WAY OF MOVING RECTIFICATION APPLICATION UNDER SECTION 154 OF THE ACT AND THAT THERE WAS NOTHING ADJUDICABLE BY THE LD. CIT(A) IN RELATION TO THE ISSUES RAISED BY THE ASSESSEE. AGGRIEVED BY THE ORDER OF T HE LD. CIT(A), THE ASSESSEE HAS PREFERRED THE PRESENT APPEAL. 4. THE LD. A.R. OF THE ASSESSEE ON THE SAID DATE I.E. 09.06.15 HAS STATED THAT THE ASSESSEE HAD ALREADY MOVED THE RECTIFICATION APPLICATION S UNDER SECTION 154 OF THE ACT DATED 24.09.12 AND 10.1 0.12 AND THE SAME HA VE NOT BEEN ADJUDICATED BY THE AO TILL DATE. THIS TRIBUNAL, THEREFORE, VIDE ORDER DATED 09.06.15 DIRECTED THE DEPARTMENT TO REPORT ON THE STATUS OF THE RECTIFICATION APPLICATIONS MOVED BY THE ASSESSEE AND THE REASONS FOR IN ORDINARY DE LAY IN ADJUDICATING THE SAID APPLICATIONS. THE MATTER WAS FIXED FOR TODAY FOR REPORT. 5. TODAY, THE LD. D.R. HAS PRODUCED ON RECORD THE ORDER OF THE AO DATED 11.06.15 PASSED ON THE APPLICATION OF THE ASSESSEE MOVED UNDER SECTION 154 OF THE ACT. THE CO PY OF THE ORDER WAS HANDED OVER TO THE LD. A.R. THE LD. A.R., AFTER GOING THROUGH THE ORDER, HAS STATED AT BAR THAT ALL THE GRIEVANCES OF THE ASSESSEE HAVE BEEN READDRESSED BY THE AO IN THE RECTIFICATION ORDER DATED 11.06.15. HE, THEREFORE HAS STATED AT BAR THAT HE HAS NO OBJECTION IF HIS APPEAL BE DISMISSED BEING BECOME INFRUCTUOUS. IN VIEW OF THE ABOVE STATED FACTS, SINCE THE ASSESSEES GRIEVANCES HAVE ALREADY BEEN READDRESSED, THE APPEAL OF THE ASSESSEE IS DISMISSED HAVING BECOME INFRUCTUOUS. ORDER PRONOUNCED IN THE OPEN COURT ON 12.06. 201 5 . SD/ - SD/ - ( G.S. PANNU ) (SANJAY GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED: 12.06.2015 . * KISHORE , SR. P.S. ITA NO.1993/M/2013 M/S. MAFATLAL DENIM LTD. 3 COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT ( A) CONCERNED, MUMBAI THE DR CONCERNED BENCH //TRUE COPY// [ BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.