DDIT (I) 4(1), MUMBAI V. MATHEWS INDIA LTD, MUMBAI

ITA 7470/MUM/2010

• Counselvise Citation: [2013] 120 COUNSELVISE.COM (IT) 1650 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 2 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-01-2013
• Appeal Filed By: Department
• Order Result: Partly Allowed
• Bench Allotted: B
• Next Hearing Date: 03-01-2013
• Assessment Year: 2007-2008
• Appeal Filed On: 01-11-2010
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: PRADEEP KUMAR SINGH
• Assessee Lawyers: K K VED
• Keywords: Condonation of delay
• Section: 154

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES B MUMBAI . . , / BEFORE SHRI I.P. BANSAL, JUDICIAL MEMBER /AND , SHRI RAJENDRA, ACCOUNTANT MEMBER . / ITA NO. 7470/MUM/2010 / ASSESSMENT YEAR 2007-08 DEPUTY DIRECTOR OF INCOME TAX (INTERNATIONAL TAXATION-4(1), 133, SCINDIA HOUSE, BALLARD PIER, MUMBAI 400 038. VS. M/S. MATHEWS INDIA FUND, C/O. DEUTSHCE BANK, 5 TH FLOOR, NICHOLAS PIRAMAL TOWER, PENISULA CORPORATE PARK, GANPAT RAO MARG, LOWER PAREL, MUMBAI 400 013. PAN: AABTM 6157 F ( !' / APPELLANT ) ( #$!' / RESPONDENT ) REVENUE BY : SHRI PRADEEP KUMAR SINGH ASSESSEE BY : SHRI K.K. VED % &' / DATE OF HEARING : 03-01-2013 () % &' / DATE OF PRONOUNCEMENT : 03-01-2013 * / O R D E R PER RAJENDRA, AM THE PRESENT APPEAL IS DIRECTED AGAINST THE ORDER DT . 31-08-2010 OF THE CIT(A)- 11, MUMBAI. FOLLOWING GROUNDS OF APPEAL HAVE BEEN RAISED BY THE ASSESSING OFFICER (AO) : 1. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD. CIT(A) ERRED IN DECIDING THE APPEAL WITHOUT CONDONATION OF DELAY WH EREAS THE APPEAL WAS FILED BEYOND PERMISSIBLE TIME LIMIT. 2. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN L AW, THE LD. CIT(A) ERRED IN ALLOWING RELIEF U/S. 90(2) WITHOUT ASSESSEES CLAIM AT THE TIME OF FILING OF ORIGINAL RETURN U/S. 139(1) OR BY WAY OF FILING REVISED RETU RN U/S. 139(5). 3. THE APPELLANT PRAYS THAT THE ORDER OF THE LD. CIT(A ) ON THE ABOVE GROUND(S) BE SET ASIDE AND THAT OF THE ASSESSING OFFICER RESTORE D. ITA NO. 7470/MUM/2010 M/S. MATHEWS INDIA FUND 2 4. THE APPELLANT CRAVES LEAVE TO AMEND OR ALTER ANY GR OUND OR ADD A NEW GROUND WHICH MAY BE NECESSARY. 2. ASSESSEE-TRUST, FILED ITS RETURN OF INCOME ON 30-07 -2007 DECLARING A TOTAL INCOME OF RS. 26.68 CRORES. INITIALLY, THE RETURN WAS PROCESSED U/S. 143(1) OF THE INCOME-TAX ACT, 1961(ACT). ASSESSEE FILED A LETTER BEFORE THE AO ON 24-04-2009 FOR CARRYING OUT RECTIFICATION U/S. 154 OF THE ACT. AO VIDE HIS ORDER DT. 18-09-2009 RECTIFIED THE ORDER. THE SAID ORDER WAS RECEIVED B Y THE ASSESSEE-TRUST ON 07-10-2009. ASSESSEE PREFERRED AN APPEAL BEFORE THE FIRST APPEL LATE AUTHORITY (FAA) ON 25-02- 2010 ALONG WITH AN APPLICATION FOR CONDONING DELAY IN FILING THE APPEAL BEFORE HIM. FAA VIDE ITS ORDER DT. 31-08-2010 DECIDED THE APPEA L ALLOWING THE APPEAL FILED BY THE ASSESSEE. AO HAS OBJECTED TO THE ORDER OF THE FAA PASSED ON 31-08-2010 WITHOUT DECIDING THE ISSUE OF CONDONATION OF DELAY. ON 02- 01-2013, WE HAVE DECIDED THE SAME ISSUE IN THE CASE OF M/S. MATHEWS ASIA PACIFIC FUND, A GROUP CONCERN. 3. FOLLOWING THE SAID ORDER, WE RESTORE BACK THE MATTE R TO THE FILE OF THE FAA TO DECIDE THE ISSUE AFRESH AFTER AFFORDING REASONABLE OPPORTUNITY OF HEARING TO THE ASSESSEE. AS A RESULT, APPEAL FILED BY THE AO STANDS PARTLY ALLOWED. + , -' . /0 % 1 * , 23 % & 45. ORDER PRONOUNCED IN THE OPEN COURT ON 3 RD JANUARY, 2013. * % () 7 89 3 RD JANUARY, 2013 ) % 1 : SD/- SD/- ( . . / I.P. BANSAL ) ( / RAJENDRA ) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI, 8 DATE: 3 RD JANUARY, 2013 TNMM * * * * % %% % #&; #&; #&; #&; <; & <; & <; & <; & / COPY OF THE ORDER FORWARDED TO : 1. APPELLANT 2. RESPONDENT 3. THE CONCERNED CIT (A) 4. THE CONCERNED CIT 5. DR B BENCH, ITAT, MUMBAI 6. GUARD FILE $;& #& //TRUE COPY// * * * * / BY ORDER, = == = / 4 4 4 4 DY./ASST. REGISTRAR , / ITAT, MUMBAI