ASPANDIAR R. IRANI, THANE V. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 1, THANE

MA 132/MUM/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 0064 (ITAT-MUMBAI)
• Duration Of Justice: 6 month(s) 16 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-09-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2006-2007
• Appeal Filed On: 20-02-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAJESH K MISHRA
• Assessee Lawyers: K GOPAL MS NEHA PARANJPE

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A , BENCH MUMBAI BEFORE SHRI R.C.SHARMA, AM & SHRI AMARJIT SINGH , JM MA NO.132/MUM/2018 (ARISING OUT OF ITA NO. 7401 / MUM/20 11 ( ASSESSMENT YEAR : 2006 - 07 ) SHRI ASPANDIAR R IRANI IRANI WADI, 1 ST POKHRAN ROAD J. K.GRAM, THANE 400 606 VS. ACIT, CIRCLE 1 THANE PAN/GIR NO. AAAPI0977L ( APPELLANT ) .. ( RESPONDENT ) ASSESSEE BY SHRI K. GOPAL / MS. NEHA PARANJPE REVENUE BY SHRI RAJESH K. MISHRA DATE OF HEARING 07 / 09 /201 8 DATE OF PRONOUNCEMENT 07 / 09 /201 8 / O R D E R PER R.C.SHARMA (A.M) : THIS M.A. AROSE OUT OF 7401/MUM/2011. 2. IT WAS CONTENDED BY LEARNED AR THAT IN GROUND NO.3, ASSESSEE HAS RAISED THE FOLLOWING ISSUE. THE LD. CIT (A) HAS ERRED IN CONFIRMING THE ACTION OF THE A.O. O F ADOPTING THE VALUE OF RS. 737.878/ - AS ON 01.04.1981 AS DETERMINED BY THE DVO FOR CALCULATION OF LONG TERM CAPITAL GAINS. THE VALUE OF RS.8,26,000/ - AS DETERMINED BY THE APPROVED VALUER AS ON 01.04.1981 MAY PLEASE BE ADOPTED FOR CAPITAL GAIN CALCULATION. IN FACT THE REFERENCE TO DVO ITSELF IS INVALID . 3. AS PER LEARNED AR, THE ABOVE GROUND HAS NOT BEEN DECIDED BY THE TRIBUNAL, WHICH AMOUNTS TO A MISTAKE APPARENT FROM RECORD. M A NO. 132/MUM/2018 SHRI ASPANDIAR R. IRANI 2 4. WE HAVE CONSIDERED RIVAL CONTENTIONS AND CAREFULLY GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW AND FOUND THAT FROM PARA 6 TO 11, THE TRIBUNAL HAVE DECIDED ALL THE ASPECTS OF THE APPEAL RAISED IN THE GROUNDS OF APPEAL AND AFTER DEALING WITH THE GROUNDS RAISED, THE MATTER WAS RESTORED BACK TO THE FILE OF THE AO FOR DECIDING ON MERITS GIVEN THEREIN. ACCORDINGLY, THERE IS NOT MERIT IN THE MA SO FILED BY THE ASSESSEE. 5. IN THE RESULT, MISCELLANEOUS APPLICATION FILED BY ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 07 / 09 /201 8 SD/ - ( AMA RJIT SINGH ) SD/ - (R.C.SHARMA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 07 / 09 /201 8 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//