CORNETSTENE ESTATE DEVELOPMENT PVT. LTD., MUMBAI V. DCIT CENT. CIR. 1, MUMBAI

MA 122/MUM/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 5014 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 13 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 14-10-2016
• Appeal Filed By: Assessee
• Bench Allotted: C
• Assessment Year: 2008-2009
• Appeal Filed On: 31-05-2016
• Court: TRIBUNAL
• Department Lawyers: B SATYANARAYANA RAJU
• Assessee Lawyers: ANANT A PAI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C , BENCH MUMBAI BEFORE: SHRI R.C.SHARMA, AM & SHRI PAWAN SINGH , JM M.A.NO.122 /MUM/2016 I.T.A.NO. 7 303 /MUM/201 3 ( ASSESSMENT YEAR : 200 8 - 200 9 ) M/S. CORNETSTENE ESTATE DEVELOPMENT PVT. LTD., 13A, GROUND FLOOR, SURYA KIRON BUILDING, BEHIND TEJPAL AUDITORIUM, AUGUST KRANTI MAIDAN, MUMBAI - 36 VS. DY. CIT, CC - 1, MUMBAI PAN/GIR NO. : A ACC C5974G ( APPELLANT ) .. ( RESPONDENT ) ASSESSEE BY : SHRI ANANT A. PAI REVENUE BY : SHRI B. SATYANARAYANA RAJU DATE OF HEARING : 07 / 1 0/2016 DATE OF PRONOUNCEMENT : 14/10/2016 / O R D E R PER R.C.SHARMA (A.M) : TH IS M.A AROSE OUT OF ORDER OF TRIBUNAL DATED 23/09/2015 IN ITA NO. 7303/MUM/2013 . 2. THROUGH THIS MA , IT WAS CONTENDED BY LEARNED AR TH AT ITA NO.7303/MUM/2013 WA S PERTAINING TO LEVY PENALTY U/S . 271D FOR THE ASSESSMENT YEAR 2008 - 2009. HOWEVER, WHILE PASSING THE ORDER DATED 23/09/2015, THE TRIBUNAL HAVE NOT DISPOSED THIS APPEAL OF ASSESSEE IN ITA NO.7303/MUM/2013, ACCORDINGLY, IT WAS REQUE STED THAT ISSUE MAY BE DECIDED BY RECTIFYING THE MISTAKE APPARENT FROM RECORD. 2 M.A.NO. 122 - 2016, ITA NO.7303 - 2013 CORNETSTENE ESTATE DEVELOPMENT LTD., VS DY. CIT, MUMBAI 3. WE HAVE CONSIDERED RIVAL CONTENTIONS AND FOUND THAT THE TRIBUNAL HAVE DISPOSED VARIOUS APPEALS OF THE ASSESSEE THROUGH ITS ORDER DATED 23/09/2015. 4. ONE OF THE APPEALS IN I TA NO.7303/MUM/2015 WAS PERTAINING TO PENALTY LEVIED U/S. 271D. THIS APPEAL WAS NOT DISPOSED IN THIS ORDER DATED 23/09/2015 WHICH AMOUNTS TO MISTAKE APPARENT FROM RECORD. ACCORDINGLY, WE RECALL ITA NO.7303/MUM/2013 FOR DECIDING AFRESH. 5. REGISTRY IS DIRE CTED TO ISSUE NECESSARY NOTICE TO BOTH THE PARTIES. 6. IN THE RESULT, MA IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 14/10 /2016 . S D/ - ( PAWAN SINGH ) S D/ - (R.C.SHARMA) JUDICIAL MEMBER ACCOUNTA NT MEMBER MUMBAI ; DATED 14 /10/ 2016 KARUNA , SR. PS / COPY OF THE ORDER FORWARDED TO : / BY ORDER, / ( ASSTT. REGISTRAR) , / ITAT, MUMBAI 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A), MUMBAI. 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE. //TRUE COPY//