GOLDSTAR METALS LIMITED, V. ACIT 9(1),

MA 106/MUM/2015

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 3484 (ITAT-MUMBAI)
• Duration Of Justice: 3 month(s) 18 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-08-2015
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: G
• Assessment Year: 2006-2007
• Appeal Filed On: 30-04-2015
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: RAKESH KUMAR AGRAWAL
• Assessee Lawyers: K K LALKAKA
• Keywords: Validity of assessment
• Section: 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI . . , , BEFORE SHRI R. C. SHARMA , ACCOUNTANT MEMBER AND SHRI SANJAY GARG, JUDI CIAL MEMBER . / MA NO. 106/MUM/2015 (ARISING OUT OF ITA NO. 4790/MUM/2012 ) ( / ASSESSMENT YEAR: 2006 - 07) GOLDSTAR METALS LIMITED 1, ANANDI CHS LTD., NADIADWALA COLONY NO.2, S. V. ROAD, MALAD (W), MUMBAI - 400 064 / VS. ASST. CI T - 9(1), AAYAKAR BHAVAN, MUMBAI - 400 020 ./ ./ PAN/GIR NO. AABCG 0330 M ( APP LICANT ) : ( RESPONDENT ) APP LICANT BY : SHRI K. K. LALKAKA RESPONDENT BY : SHRI RAKESH KUMAR AGRAWAL / DATE OF HEARING : 24.07.201 5 / DATE OF PRONOUNCEMENT : 18 .08.2015 / O R D E R PER R. C. SHARMA , A. M.: THIS IS A MISCELLANEOUS PETITION BY THE ASSESSEE AROSE OUT ITA NO. 4790/MUM/2012 DATED 11.02.2015 FOR THE ASSESSMENT YEAR (A.Y.) 2006 - 07. 2. FROM THIS MISCELLANEOUS APPLICATION, IT WAS CONTENDED BY THE LD. AR THAT THE ADDITIONAL GROUND WAS RAISED WITH REGARD TO THE SERVICE OF NOTICE U/S. 143(2) AND THE BENCH ON EARLIER OCCASION AS ON 25.09.2014 HAD TAKEN NOTE OF THIS ADDITIONAL GROUND AND DIRECTED THE LD . DR TO SEEK CLARIFICATION AND COMMENTS FROM THE A.O. HE FURTHER SUBMITTED THAT WHILE PASSING THE ORDER, THE TRIBUNAL HAVE DECIDED ONLY ON MERIT AND DID 2 M A NO. 106/MUM/2015 (A.Y. 2 006 - 07) GOLDSTAR METALS LIMITED VS. ASST. CIT NOT DEAL WITH THE LEGAL GROUND TAKEN WITH REGARD TO THE ISSUE OF NOTICE U/S. 143(2). AS PER THE LD. AR SINCE NO NOTICE U/S. 143(2) WAS ISSUED, THE ASSESSMENT S O FRAMED U/S.143(3) R/W S. 147 IS NULL AND VOID. ON THE OTHER HAND, THE LD. DR CONTENDED THAT THERE IS NO MISTAKE IN THE ORDER OF THE TRIBUNAL. 3. WE HAVE CONSIDERED THE RIVAL CONTENTIONS AND GONE T HROUGH THE ORDER OF THE TRIBUNAL DATED 11.02.2015, WHEREIN THE TRIBUNAL HAVE DECIDED THE ISSUE ON MERIT. HOWEVER, THE ADDITION AL GROUND TAKEN WITH REGARD TO THE NON ISSUE OF NOTICE U/S. 143(2) WAS NOT DECIDED, WHICH AMOUNTS TO MISTAKE APPARENT FROM RECORD. ACCORDINGLY, WE RECALL THE ORDER FOR DECIDING THE LIMITED ISSUE OF VALIDITY OF ASSESSMENT WITH REGARD TO THE NON ISSUE AND SERVICE OF NOTICE U/S. 143(2) OF THE ACT. 4. IN THE RESULT, THE ASSESSEES MISCELLANEOUS APPLICATION IS ALLOWED IN PART IN TERMS INDICATED H EREINABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON AUGUST 18 , 201 5 SD/ - SD/ - ( SANJAY GARG ) ( R. C. SHARMA ) / J UDICIAL MEMBER / A CCOUNTANT MEMBER MUMBAI ; DATED : 18 . 0 8 .201 5 . . ./ ROSHANI , SR. PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APP LIC ANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT - CONCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD F ILE / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI