M/S.VIBGYOR TEXOTECH PRIVATE LIMITED, MUMBAI V. ACIT-8(3)(2), MUMBAI

MA 1/MUM/2024

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 6605 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 6 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-06-2024
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Next Hearing Date: 23-05-2024
• Assessment Year: 2008-2009
• Appeal Filed On: 31-12-2023
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAJESHWARI MENON

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “F” BENCH, MUMBAI BEFORE SHRI NARENDRA KUMAR BILLAIYA, AM AND MS. KAVITHA RAJAGOPAL, JM M A N o. 0 1/ M u m/ 2 02 4 (A ri s i n g ou t o f IT A N o. 15 14/ M u m/ 2 01 8) ( A s s e ss me nt Y ea r: 20 0 8- 09 ) M/s. Vibgyor Texotech Private Limited 309, Navyug, T. J. Road, Sewree, Mumbai-400 015 V s. ACIT-8(3)(2) Mumbai P A N / G I R N o. AA CC V 0 75 2 D (Applicant) : (Respondent) Applicant by : Shri Pavan Ved (Virtual) Respondent by : Ms. Rajeshwari Menon D a te o f H e a r i n g : 24.05.2024 D ate of P ro n o u n c e me n t : 07.06.2024 O R D E R Per Kavitha Rajagopal, J M: This Miscellaneous Application has been filed by the assessee/applicant against the order of the Tribunal dated 27.09.2023 pertaining to the assessment year (A.Y. for short) 2008-09 and 2011-12 2. The assessee/applicant has filed this miscellaneous application on the ground that there has been mistake apparent in the order of the Tribunal which requires rectification on the ground that the Tribunal has not considered the decision cited by the assessee on the issue of reasons recorded for reopening the assessment. The assessee has also raised the ground that the Tribunal has not given sufficient opportunity to the assessee before deciding the issue. 2 M A N o . 0 1 / M u m / 2 0 2 4 ( A . Y . 2 0 0 8 - 0 9 ) M/s. Vibgyor Texotech Private Limited vs. ACIT 3. We have heard the rival submissions and perused the materials available on record. It is observed that the assessee has raised various grounds in the appeal pertaining to this miscellaneous application which are on both legal grounds and on the merits of the case. On the issue of reopening, the assessee has contended that the Tribunal has not considered the co-ordinate bench decision in the case of Juliet Industries Ltd. vs. ITO (in Appeal No. 5452 of 2016 vide order dated 04.04.2018) and the decision of ITAT Delhi Bench in the case of INS Finance vs. ITO New Delhi and had decided this issue against the assessee. 4. On perusal of the order of the Tribunal, it is observed that the Tribunal has dealt with the issue of reopening of the assessment at length considering the Hon'ble Jurisdictional High Court decision along with Hon'ble Apex Court decisions which have been relied upon by the assessee. We, therefore, are of the view of that the assessee’s contention on non consideration of the decision cited by the assessee does not hold merit and, therefore, there has been no mistake apparent on the record of the order of the Tribunal on this note. 5. It is also observed that the assessee has also contended that it was not given sufficient opportunity by the Tribunal after the case was fixed for clarification. On perusal of the records, it is observed that the assessee’s appeal was posted for clarification on 14.07.2023 by the Bench and subsequently it was posted on 11.08.2023, 25.08.2023 and 08.09.2023 where in all these hearings, there was not representation for the assessee inspite of several opportunities. Therefore, we find that there has been no violation of principles of natural justice where the assessee was given sufficient 3 M A N o . 0 1 / M u m / 2 0 2 4 ( A . Y . 2 0 0 8 - 0 9 ) M/s. Vibgyor Texotech Private Limited vs. ACIT opportunity to substantiate its claim before the Tribunal. We, therefore, are of the view that the miscellaneous application filed by the assessee does not hold merit and, therefore, is to be dismissed. 6. In the result, the miscellaneous application filed by the assessee is dismissed. Order pronounced in the open court on 07.06.2024. Sd/- Sd/- (N. K. Billaiya) (Kavitha Rajagopal) Accountant Member Judicial Member Mumbai; Dated : 07.06.2024 Roshani , Sr. PS Copy of the Order forwarded to : 1. The Appellant 2. The Respondent 3. CIT - concerned 4. DR, ITAT, Mumbai 5. Guard File BY ORDER, (Dy./Asstt. Registrar) ITAT, Mumbai