ITO WD 16(2)(3), V. NINA INDUSTRIES,

MA 131/MUM/2013

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 1473 (ITAT-MUMBAI)
• Duration Of Justice: 9 month(s) 7 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 17-01-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: I
• Next Hearing Date: 29-11-2013
• Assessment Year: 2001-2002
• Appeal Filed On: 09-04-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MRS SONIA KAPOOR
• Assessee Lawyers: VIPUL SHAH

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL I BENCH, MUMBAI . . , !'#$ , % & BEFORE SHRI B.R. MITTAL, JM AND SHRI N.K. BILLAIYA, AM M.A. NO. 131/MUM/2013 (ARISING OUT OF ITA NO. 4306/MUM/2007 ( ' ' ' ' / ASSESSMENT YEAR :2001-02 THE ITO, WARD 16(2)(3), MUMBAI / VS. M/S. NINA INDUSTRIES, MANI BHUVAN, 4 TH FLOOR, 54, HUGHES ROAD, MUMBAI-400 023 ( % ./ )* ./ PAN/GIR NO. : AAAFN 0684K ( (+ / APPLICANT ) .. ( ,-(+ / RESPONDENT ) (+ . / APPELLANT BY: MRS. SONIA KAPOOR ,-(+ / . / RESPONDENT BY : SHRI VIPUL SHAH / 01% / DATE OF HEARING : 17.01.2014 23' / 01% / DATE OF PRONOUNCEMENT : 17.01.2014 4 / O R D E R PER N.K. BILLAIYA, AM: THIS MISCELLANEOUS APPLICATION BY THE REVENUE IS DI RECTED AGAINST THE ORDER OF THE TRIBUNAL IN ITA NO. 4306/M/07 DT. 8.6.2012. 2. THE REVENUE HAS RAISED FOLLOWING POINTS TO BE CO NSIDERED FOR RECTIFICATION: M.A. 131/M/2013 2 IN THE APPEAL FILED BY THE ASSESSEE AGAINST THE A SSESSMENT ORDER THE LD. CIT(A) HAS RELIED UPON THE DECISION O F THE ITAT IN THE CASE OF ATULRAJ BUILDERS PVT. LTD. FOR A.Y. 1993- 94 AND DIRECTED THE AO TO ADOPT 7% OF THE NET PROFI T ON GROSS RECEIPTS. BEING AGGRIEVED BY THE LD. CIT(A) CENTRAL VIII ORD ER NO. CIT(A) C.VIII/AO.32/IT-139(ROT)/04-05, DT. 27.3.200 7 CROSS APPEALS WERE FILED BY THE ASSESSEE AND THE RE VENUE AGAINST THE SAID ORDER OF THE LD. CIT(A) ON THIS GR OUND. THE HONBLE ITAT RELIED UPON ITS OWN ORDER IN THE CASE OF ATULRAJ BUILDERS PVT. LTD. ITA NO. 4753/M?08 DT. 21 .9. 2011 FOR A.Y. 2004-05 AND CONFIRMED THE FINDINGS OF THE LD. CIT(A) ON THIS GROUND AND DISMISSED THE APPEALS FIL ED BY THE REVENUE AND THE ASSESSEE. HOWEVER, IT IS SUBMITTED THAT IN THIS CASE AND ON P ERUSAL OF LD. CIT(A)S ORDER THE LD. CIT(A) HAS RELIED ON THE DECISION IN THE CASE OF ATULRAJ BUILDERS PVT. LTD. FOR A.Y. 1993-94 AND NOT 2004-05 AS MENTIONED BY HONBLE ITAT IN ITS ORD ER ITA NO. 4306/M/07 DT. 8.6.2012. 3. IN THE EARLIER HEARING, THE LD. COUNSEL WAS ASKE D TO FILE THE CORRECT ORDER OF THE TRIBUNAL IN THE CASE OF ATULRAJ BUILDE RS PVT. LTD WHICH WAS RELIED BY THE CIT[A]. THE LD. COUNSEL HAS FILED TH E ORDER OF THE TRIBUNAL FOR A.Y. 1993-94 IN THE CASE OF ATULRAJ BUILDERS P VT. LTD. WHICH BEAR ITA NO. 4099/M/96. A PERUSAL OF OUR OWN ORDER SHOW THAT THE TRIBUNAL HAS CONFIRMED THE FINDINGS OF THE LD. CIT(A) WHO FO LLOWED THE ORDER OF THE TRIBUNAL IN THE CASE OF ATULRAJ BUILDERS PVT. L TD. IN ITA NO. 4753/M/08 WHEREAS THE CORRECT ITA NO. SHOULD HAVE B EEN 4099/M/96. THEREFORE, TO THAT EXTENT WE RECTIFY OUR OWN ORDER. THUS, THE ORDER OF THE TRIBUNAL IN THE CASE OF ATULRAJ BUILDERS PVT. LTD. IN ITA NO. 4099/M/96 IS TO BE REFERRED IN PLACE OF ITA NO. 4753/M/08. S INCE THERE WAS ONLY A WRONG MENTION OF THE ITA NO. WHICH HAS NO BEARING ON THE OUTCOME OF THE DECISION OF THE TRIBUNAL, THIS MISCELLANEOUS AP PLICATION IS ACCORDINGLY DISMISSED. M.A. 131/M/2013 3 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 17.1.2014 . 4 / 3' % 5 67 17.1.2014 3 / 8 SD/- SD/- (B.R. MITTAL ) (N.K. BILLAIYA) /JUDICIAL MEMBER % / ACCOUNTANT MEMBER MUMBAI; 6 DATED 17.1.2014 . . ./ RJ , SR. PS 4 4 4 4 / // / ,0! ,0! ,0! ,0! 9!'0 9!'0 9!'0 9!'0 / COPY OF THE ORDER FORWARDED TO : 1. (+ / THE APPELLANT 2. ,-(+ / THE RESPONDENT. 3. : ( ) / THE CIT(A)- 4. : / CIT 5. !;8 ,0 , , / DR, ITAT, MUMBAI 6. 8< = / GUARD FILE. 4 4 4 4 / BY ORDER, -!0 ,0 //TRUE COPY// > >> > / ? ? ? ? ) ) ) ) (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI