RAPTAKOS BRETT AND CO. LTD, MUMBAI V. DCIT RG 5(3)(1), MUMBAI

MA 115/MUM/2021

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 4470 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 21-09-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2014-2015
• Appeal Filed On: 04-05-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T S KHALS
• Section: 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI BEFORE SHRI RAJESH KUMAR, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER MA NO. 115/MUM/2021 (IN ITA NO. 4151&4052/MUM/2018) ( ASSESSMENT YEAR: 2014-15 ) M/S. RAPTAKOS BRETT & CO. LTD., 253, DR. A.B. ROAD, WORLI MUMBAI 400030. / VS. DCIT, RANGE 5(3)(1) ROOM NO. 519, 5 TH FLOOR, AAYAKAR BHAVAN, MK ROAD, MUMBAI 20 ./ ./ PAN/GIR NO. : AAACR1772R ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI RONAK DOSHI. AR / RESPONDENT BY : SHRI T.S KHALS, SR. DR / DATE OF HEARING 06/08/2021 !'# / DATE OF PRONOUNCEMENT 13 /09/2021 / O R D E R PER PAVAN KUMAR GADALE - JM: THE ASSESSEE HAS FILED THE MISCELLANEOUS APPLICATION (M.A) IN ITA NO. 4151&4052/MUM/2018 DATED 29.10.2020 SEEKING RECTIFICATION OF THE MISTA KE APPARENT IN THE HONBLE TRIBUNAL ORDER DATED 29/10/2020. M/S RAPTAK OS BRETT & CO., MA NO.115 /MUM/2021 - 2 - 2. AT THE TIME OF HEARING, THE LD. AR SUBMITTED THA T THE HONBLE TRIBUNAL WHILE PASSING THE ORDER HAS NO T CONSIDERED THE TRIBUNAL DECISION IN ASSESSEES OWN CASE FOR THE A.YS 2010-11, 2011-12 & 2012-13 . THE ASSESSEE HAS BEEN FOLLOWING CONSISTENCY IN RESPEC T OF DISALLOWANCE U/SEC14A OF THE ACT FROM THE EARLIER Y EARS AND WAS ACCEPTED BY THE HONBLE TRIBUNAL. THE LD. AR REFERRED TO THE OBSERVATIONS OF THE HONBLE TRIBUNA L, WHERE THESE FACTS WERE NOT CONSIDERED IN THE PRESEN T ORDER .THEREFORE, THE LD. AR PRAYED FOR AN OPPORTU NITY OF HEARING BE GRANTED TO MAKE SUBMISSIONS ON THE GROUND OF APPEAL NOI (2) AND HONBLE TRIBUNAL DECISI ON. CONTRA, THE LD. DR SUPPORTED THE ORDER OF THE HONBL E TRIBUNAL. 3. WE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. PRIMA-FACIE, WE CONSIDERING TH E FACTS, SUBMISSIONS AND TO MEET THE ENDS OF JUSTICE ARE OF THE OPINION THAT THE ASSESSEE SHOULD BE PROVIDED AN OPPORTUNITY OF HEARING TO SUBSTANTIATE THE SUBMISSIONS. ACCORDINGLY, WE RECALL THE ORDER OF T HE HONBLE TRIBUNAL FOR LIMITED PURPOSE TO HEAR THE SUBMISSIONS ON THE GROUND OF APPEAL NO.I(2) AND DI RECT M/S RAPTAK OS BRETT & CO., MA NO.115 /MUM/2021 - 3 - THE REGISTRY TO POST THE APPEAL FOR HEARING AND INF ORM THE PARTIES. WE ORDER ACCORDINGLY. 4. IN THE RESULT THE MA FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 13.09.2021 SD/- SD/- (RAJESH KUMAR) (PAVA N KUMAR GADALE ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 13/ 09/2021 KRK, PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. & '( ) / THE CIT(A) 4. ) ( ) / CONCERNED CIT 5. ,-. //'( , '(# , & / DR, ITAT, MUMBAI 6. .34 5 / GUARD FILE. / BY ORDER, , / //TRUE COPY// 1. / ( ASST. REGISTRAR) !' #, / ITAT, MUMBAI