DOMINION DIAMOND (INDIA) PVT. LTD. (FORMERLY HARRY WINSTONE DIAMOND (I) PVT. LTD.), MUMBAI V. DCIT - 5(1)(2), MUMBAI

MA 132/MUM/2016

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 5459 (ITAT-MUMBAI)
• Duration Of Justice: 8 month(s) 7 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 17-02-2017
• Appeal Filed By: Assessee
• Bench Allotted: K
• Assessment Year: 2009-2010
• Appeal Filed On: 09-06-2016
• Court: TRIBUNAL
• Assessee Lawyers: VIPUL SONI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH K, MUMBAI BEFORE SHRI RAJENDRA, ACCOUNTANT MEMBER & SHRI AMIT SHUKLA, JUDICIAL MEMBER M.A. NO.132/MUM/2016 IN ITA NO.627/MUM/2015 ASSESSMENT YEAR: 2010-11 DOMINION DIAMOND (INDIA) PVT. LTD. (FORMERLY KNOWN AS HARRY WINSTON DIAMOND (INDIA) PVT. LTD.) JE 9010, 9 TH FLOOR, TOWER-J, BHARAT DIAMOND BOURSE, BKC, BANDRA (EAST), MUMBAI-400 051. (PAN: AAFCA0652E) VS. DCIT-5(1)(2), ROOM NO. 568, 5 TH FLOOR, AAYAKAR BHAVAN, M. K. ROAD, MUMBAI- 400 020 (APPLICANT) (RESPONDENT) & M.A. NO.05/MUM/2017 IN ITA NO.627/MUM/2015 ASSESSMENT YEAR: 2010-11 ACIT-5(1)(2), ROOM NO. 568, 5 TH FLOOR, AAYAKAR BHAVAN, M. K. ROAD, MUMBAI-400 020 VS. DOMINION DIAMOND (INDIA) PVT. LTD. (FORMERLY KNOWN AS HARRY WINSTON DIAMOND (INDIA) PVT. LTD.) JE 9010, 9 TH FLOOR, TOWER-J, BHARAT DIAMOND BOURSE, BKC, BANDRA (EAST), MUMBAI-400 051. (APPLICANT) (RESPONDENT) PRESENT FOR: ASSESSEE BY : SHRI VIPUL SONI, AR REVENUE BY : SHRI PURUSHOTTAM KUMAR, SR. DR DATE OF HEARING : 17.02.2017 DATE OF PRONOUNCEMENT: : 17.02.2017 O R D E R MA NOS.132/M/2016 & 05/M/2017 DOMINION DIAMOND (INDIA) PVT. LTD. 2 PER AMIT SHUKLA, JUDICIAL MEMBER: BOTH THE AFORESAID MISC. APPLICATIONS FILED BY THE ASSESSEE AS WELL AS BY THE REVENUE REQUESTING THE TRIBUNAL TO AMEND THE ITAT ORDER DATED 06.01.2016 AS THERE IS MISTAKE APPARENT FROM THE RECORD. 2. BOTH THE REPRESENTATIVES BEFORE US SUBMITTED THA T IN THE HEADING OF THE TRIBUNAL ORDER DATED 06.01.2016 THE ASSESSMENT YEAR HAS BEEN MENTIONED AS 2009- 10 INSTEAD OF ASSESSMENT YEAR 2010-11. IT WAS ALSO POINTED OUT THAT THE DATE OF PRONOUNCEMENT OF THE ORDER IS MENTIONED AS 6 TH JANUARY, 2015 INSTEAD OF 6 TH JANUARY, 2016. ACCORDINGLY IT WAS PRAYED THAT AFORESAID MIS TAKES SHOULD BE RECTIFIED. 3. AFTER PERUSING THE TRIBUNALS ORDER DATED 06.01. 2016 WE FIND THAT THERE IS MISTAKE APPARENT FROM RECORD, AS POINTED OUT BY BOT H THE PARTIES. ACCORDINGLY, WE DIRECT THE ASSESSMENT YEAR SHOULD BE READ AS AY 2010-11, INSTEAD OF AY 2009-10; AND THE DATE OF PRONOUNCEMENT OF THE ORDER SHOULD B E READ AS 6 TH JANUARY, 2016 INSTEAD OF 6 TH JANUARY, 2015. WE ORDER ACCORDINGLY. 4. ACCORDINGLY, BOTH THE MISC. APPLICATIONS OF ASSE SSEE AND REVENUE ARE ALLOWED. SD/- SD/- (RAJENDRA) (AMIT SHUKLA) ACCOUNTANT MEMBER JUDICIA L MEMBER MUMBAI, DATED: 17.02.2017. * JD, SR. P.S. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT (A) CONCERNED, MUMBAI THE DR CONCERNED BENCH //TRUE COPY// BY ORD ER DY/ASSTT. REGISTRAR, ITAT, MUMBAI. MA NOS.132/M/2016 & 05/M/2017 DOMINION DIAMOND (INDIA) PVT. LTD. 3 1. DRAFT DICTATED ON 17.02.17 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 17.02.17 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS 6. DATE OF PRONOUNCEMENT SR.PS 7. FILE SENT TO THE BENCH CLERK SR.PS 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK 9. DATE OF DISPATCH OF ORDER