DCIT-5(2)(1), MUMBAI V. M/S. NEHAR BUILDERS LTD, MUMBAI

ITA 399/MUM/2023

AI Insights

The case involves the Deputy Commissioner of Income-Tax, Circle \\u2013 5(2)(1) as the appellant and M/s. Nahar Builders Limited as the respondent, concerning multiple assessment years from 2013-14 to 2017-18. The Tribunal initially passed an order on 22.06.2023, which contained several clerical errors. A corrigendum was issued on 30.10.2023 to rectify these errors, ensuring the accuracy of the legal and factual references in the Tribunal's decision. The corrections included the proper identification of the assessee, the correct amounts of disallowance for each year, and updates on the status of related appeals in higher courts.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 301116 (ITAT-MUMBAI)
• Duration Of Justice: 8 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-10-2023
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 31-05-2023
• Assessment Year: 2016-2017
• Appeal Filed On: 09-02-2023
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “B”, MUMBAI BEFORE SHRI KULDIP SINGH, JUDICIAL MEMBER AND SHRI GAGAN GOYAL, ACCOUNTANT MEMBER ITA No.398/M/2023 Assessment Year: 2013-14 ITA No.400/M/2023 Assessment Year: 2014-15 ITA No.396/M/2023 Assessment Year: 2015-16 ITA No.399/M/2023 Assessment Year: 2016-17 ITA No.397/M/2023 Assessment Years: 2017-18 Deputy Commissioner of Income-Tax, Circle – 5(2)(1), 5 th Floor, Room No.571, Aayakar Bhavan, M.K. Road, Mumbai - 400020 Vs. M/s. Nahar Builders Limited, B-1, Mahalaxmi Chambers, 22, Bhulabhai Desai Road, Mahalaxmi, Mumbai – 400 026 PAN: AADCN8065A (Appellant) (Respondent) CORRIGENDUM Pursuant to the application dated 05.07.2023 filed by the assessee, corrigendum to the order passed by the Tribunal dated 22.06.2023 in ITA No.398/M/2023, ITA No.400/M/2023, ITA No.396/M/2023, ITA No.399/M/2023 & ITA No.397/M/2023 for A.Y.2013-14, 2014-15, 2015-16, 2016-17 & 2017-18 respectively qua the clerical errors, which are mistakes apparent on record, is hereby issued as under: ITA No.398/M/2023 & ors. M/s. Nahar Builders Limited 2 (i) In the cause title on the first page and in the header from the page Nos.2 to 7 of the order (supra) the name of the assessee be read as “M/s. Nahar Builders Limited” instead of M/s. Nahar Builders. (ii) In para 2 on page No.2 of the order (supra) name of the first appellate authority be read as “Commissioner of Income Tax (Appeals)-52, Mumbai” instead of “National Faceless Appeal Centre (NFAC) [Commissioner of Income Tax (Appeals), Delhi]” which was wrongly written due to clerical error. (iii) In para 3 on page No.3 of the order (supra) disallowance deleted by the Ld. CIT(A) vide impugned order in A.Y. 2013-14 to A.Y. 2017-18 has been wrongly mentioned and as such correct disallowance deleted by the Ld. CIT(A) is as under: A.Y. Amount as per Assessment Order (Rs.) 2013-14 100,66,56,818 2014-15 83,43,11,878 2015-16 29,93,27,826 2016-17 43,38,08,877 2017-18 20,59,34,431 (iv) In para 6 on page No.4 of the order (supra) passed by the Tribunal it is inadvertently mentioned that “It is also not in dispute that the Revenue has already accepted the order passed by the Tribunal in A.Y. 2008-09 to 2012-13 in assessee’s own case by not challenging the same in the higher forum” instead of the findings “the Revenue has filed ITA No.398/M/2023 & ors. M/s. Nahar Builders Limited 3 an appeal before the Hon’ble Bombay High Court in A.Y. 2008-09 to 2012-13 and the same is still pending”. The correct decision as marked above be read as under by the parties to the appeal: “6. Undisputedly in the earlier assessment years from A.Y. 2008-09 to A.Y 2012-13 identical issue has already been decided by the Tribunal in favour of the assessee. The Revenue has filed an appeal before the Hon’ble Bombay High Court in A.Y. 2008-09 to 2012-13 and the same is still pending.” (v) In para 8 on page No.6 of the order (supra) passed by the Tribunal the words “floor bed area” be read as “flower- bed area”. 2. With aforesaid correction of the clerical errors the corrigendum is accordingly issued to be integral part of order (supra). Sd/- Sd/- (GAGAN GOYAL) (KULDIP SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai, Dated: 30.10.2023. * Kishore, Sr. P.S. Copy to: The Appellant The Respondent The CIT, Concerned, Mumbai The DR Concerned Bench //True Copy// By Order Dy/Asstt. Registrar, ITAT, Mumbai.