M/s. PRABHAT INDUSTRIES, MUMBAI V. ADDL. CIT. - 13(3), MUMBAI

ITA 4976/MUM/2006

• Counselvise Citation: [2010] 135 COUNSELVISE.COM (IT) 3774 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 2 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-11-2010
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: J
• Next Hearing Date: 10-09-2013
• Assessment Year: 2003-2004
• Appeal Filed On: 18-09-2006
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: SU RENDRA KUMAR
• Assessee Lawyers: DR K SHIVRAM

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH K : MUMBAI BEFORE SHRI D.K. AGARWAL, (JM) AND SHRI RAJENDRA SINGH,(AM) ITA NO.4976/MUM/2006 ASSESSMENT YEAR : 2003-04 PRABHAT INDUSTRIES PRABHAT BHAVAN, OPP. CIPLA 96, LBS MARG VIKROLI (W) MUMBAI-83. ..( APPELLANT ) P.A. NO. (AAAFP 0470 H) VS. ADDL. COMMISSIONER OF INCOME TAX -13(3) ROOM NO.426, AAYAKAR BHAVAN M.K. ROAD MUMBAI-20. ..( RESPONDENT ) APPELLANT BY : DR. K. SHIVRAM RESPONDENT BY : SHRI S URENDRA KUMAR O R D E R PER D.K. AGARWAL (JM). THIS APPEAL HAS BEEN FIXED BY THE REGISTRY ON THE GROU ND THAT THE HON'BLE JURISDICTIONAL HIGH COURT IN CIT VS. PRABHAT I NDUSTRIES IN INCOME TAX APPEAL NO.3932 OF 2010 DATED 6.7.2010 HAS SET ASIDE THE ORDER OF THE TRIBUNAL AND RESTORED THE MATTER TO THE FILE OF THE TRIBUNAL FOR FRESH DECISION. HOWEVER, AT THE TIME OF HEARING IT HAS BEEN POINTED OUT BY THE PARTIES THAT THE TRIBUNAL IN PRABHAT INDU STRIES VS. ADDL. CIT AND VICE VERSA IN ITA NO.4976 AND 5220/M/06 FOR ASSESSMEN T YEAR 2003-04 VIDE ORDER DATED 18.11.2009 HAS PARTLY ALLOW ED THE ASSESSEE'S AND REVENUES APPEALS. AGAINST THE SAID ORDER OF THE TRIBUNAL THE ASSESSEE AND THE REVENUE BOTH HAVE FILED APPEALS BEFORE THE HON'BLE JURISDICTIONAL HIGH COURT. THE HON'BLE JU RISDICTIONAL HIGH ITA NO.4976/M/06 A.Y:03-04 2 COURT IN THE REVENUES APPEAL IN INCOME TAX APPEAL NO .3932 OF 2010 DATED 6.7.2010 (SUPRA) HAS SET ASIDE THE ORDER OF THE TRIBUNAL AND RESTORED THE MATTER TO THE FILE OF THE TRIBUNAL FOR FRESH DECISION. IT WAS FURTHER SUBMITTED THAT THE ASSESSEE'S APPEAL HAS BEEN ADMI TTED BY THE HON'BLE JURISDICTIONAL HIGH COURT AND THE SAME IS PENDI NG. IT WAS THEREFORE, SUBMITTED THAT SINCE THE ASSESSEE'S APPEAL IN IT A NO.4976/M/2006 FOR ASSESSMENT YEAR 2003-04 HAS ALREADY B EEN DECIDED BY THE TRIBUNAL AND THE SAME IS PENDING BEFORE THE HON'BLE JURISDICTIONAL HIGH COURT, THEREFORE, IN THE ABSENCE OF ANY ORDER OF RECALLING OF THE SAME BY THE TRIBUNAL U/S. 254(2) OR SET ASIDE BY THE HON'BLE JURISDICTIONAL HIGH COURT, THE SAID APPEAL HAS WR ONGLY BEEN FIXED AND, THEREFORE, THE SAME MAY BE FILED. 2. THAT BEING SO, AND IN THE ABSENCE OF ANY OTHER CONTR ARY MATERIAL PLACED ON RECORD TO SHOW THAT THE APPEAL IS PENDING BE FORE THE TRIBUNAL, WE ARE OF THE VIEW THAT THE PRESENT FIXATI ON OF THE ASSESSEE'S APPEAL BY THE REGISTRY IS WITHOUT ANY BASIS, HENCE, THE SAME IS TREATED AS INFRUCTUOUS AND HENCE THE SAME IS FILED. HOWEVER, THE ORIGINAL ORDER PASSED BY THE TRIBUNAL DATED 18.11.2009 PARTLY ALLOWING THE ASSESSEE'S APPEAL STANDS AS IT IS. 3. IN THE RESULT, ASSESSEE'S APPEAL IS PARTLY ALLOWED AS IN DICATED ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 19.11.2010. SD/- SD/- (RAJENDRA SINGH) ( D.K. AGARWAL ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED: 19.11.2010. JV. ITA NO.4976/M/06 A.Y:03-04 3 COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT(A) CONCERNED, MUMBAI THE DR BENCH TRUE COPY BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.