GARRISON PHARMA (INDIA) LTD, MUMBAI V. ITO 5(1)(2), MUMBAI

MA 108/MUM/2021

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 2970 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 2 month(s) 14 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 03-07-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 25-08-2022
• Assessment Year: 2009-2010
• Appeal Filed On: 19-04-2021
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 263; 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER AND SHRI SANDEEP SINGH KARHAIL, JUDICIAL MEMBER M.A. No. 108/Mum./2022 IN ITA No. 686/Mum./2021 (Assessment Year : 2016–17) Shree Aniruddha Upasana Foundation Flat no.702, Link Apartment TPS–III, Khai Village Khar (West), Mumbai 400 052 PAN – AAICS9217L ................ Applicant v/s Commissioner of Income Tax (Exemption) Mumbai ................ Respondent Assessee by : Shri Snehal Shah Revenue by : Ms. Samruddhi Hande Date of Hearing – 24.06.2022 Date of Order – 04/07/2022 O R D E R PER SANDEEP SINGH KARHAIL, J.M. The present Miscellaneous Application has been filed by the assessee against the order dated 05/05/2022, passed by the Co–ordinate Bench of the Tribunal under section 254(1) of the Income Tax Act, 1961 ("the Act"). In the Miscellaneous Application, the assessee has sought Shree Aniruddha Upasana Foundation M.A. No.108/Mum./2022 Page | 2 rectification of the aforesaid order only to the extent that instead of the word “dismissed”, the word “allowed” be mentioned. 2. We find that the Co–ordinate Bench of the Tribunal while deciding the appeal filed by the assessee in ITA no.686/Mum./2021, vide order dated 05/05/2022, noted that subsequent to the order passed by the learned CIT under section 263 of the Act, the Assessing Officer, vide order dated 26/03/2022, passed under section 143(3) r/w section 263 of the Act made no disallowance on the issue on which the proceedings under section 263 of the Act were initiated and assessed the total income of the assessee at Rs.Nil. Accordingly, the Co–ordinate Bench after taking into consideration the aforesaid development treated the appeal filed by the assessee, challenging the order passed by the learned CIT under section 263 of the Act, as academic in nature and, therefore, dismissed the same as infructuous. 3. During the course of hearing, the learned A.R. agreed to the fact that the Assessing Officer pursuant to the direction of the learned CIT under section 263 of the Act, made no disallowance and the assessee’s total income has been assessed at Rs.Nil. The learned A.R. could not point out any mistake which is apparent from the record in the order dated 05/05/2022, passed by the Co–ordinate Bench of the Tribunal. Accordingly, the present Miscellaneous Application filed by the assessee is dismissed. Shree Aniruddha Upasana Foundation M.A. No.108/Mum./2022 Page | 3 4. In the result, Miscellaneous Application by the assessee is dismissed. Order pronounced in the open court on 04/07/2022 Sd/- PRASHANT MAHARISHI ACCOUNTANT MEMBER Sd/- SANDEEP SINGH KARHAIL JUDICIAL MEMBER MUMBAI, DATED: 04/07/2022 Copy of the order forwarded to: (1) The Assessee; (2) The Revenue; (3) The CIT(A); (4) The CIT, Mumbai City concerned; (5) The DR, ITAT, Mumbai; (6) Guard file. True Copy By Order Pradeep J. Chowdhury Sr. Private Secretary Assistant Registrar ITAT, Mumbai