JSW ENERGY LTD, MUMBAI V. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 8(3) , MUMBAI

MA 151/MUM/2017

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 6003 (ITAT-MUMBAI)
• Duration Of Justice: 8 month(s) 27 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 13-12-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: I
• Assessment Year: 2009-2010
• Appeal Filed On: 16-03-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL I BENCH, MUM BAI , , BEFORE S/SHRI RAJENDRA, A.M. AND AMARJIT SINGH, J.M . / MA.NO.151/MUM/2017 ARISING OUT OF ITA NO.1335/MUM/2015 FOR A.Y.2009-10 M/S.JSW ENERGY LTD., JSW CENTRE, BANDRA KURLA COMPLEX, BANDRA (EAST), MUMBAI 400 051. PAN: AAACJ 8109 N VS. DY.COMMISSIONER OF INCOME-TAX, CENTRAL CIRCLE-8(3), R.NO.659, 6 TH FLOOR, AAYAKAR BHAVAN, M.K.ROAD, MUMBAI 400 020. ( APPELLANT ) ( RESPONDENT ) REVENUE BY: SHRI SAURABH KUMAR RAI - DR ASSESSEE BY: SHRI RAKESH JOSHI / DATE OF HEARING : 15/09/2017 / DATE OF PRONOUNCEMENT : 13/12/2017 , 1961 254(1) ORDER U/S.254(1)OF THE INCOME-TAX ACT,1961(ACT) , -PER RAJENDRA,AM: VIDE ITS APPLICATION DATED 04/03/2017 THE ASSESSEE HAS STATED THAT TRIBUNAL HAS DECIDED APPEAL ON 06/01/2017, THAT THERE WAS CERTAIN MISTAKES IN THE SAID ORDER OF THE TRIBUNAL, THAT SAME WERE TO BE RECTIFIED AS PER THE PROVISIONS OF SECTION 254(2 ) OF THE ACT, IN THE PARAGRAPH NO.5 THE TRIBUNAL HAD REPRODUCED THE CONTENTION OF THE FIRST APPELLAT E AUTHORITY(FAA),THAT JSWRL HAD NOT CLAIMED ANY EXPENDITURE,THAT THE TRIBUNAL HAS MADE SOME OBSERVATIONS ABOUT THE EXPENDITURE INCURRED BY JSWRL,THAT THE SAID INADVERTENT MISTAKE COMMITTED BY THE TRIBUNAL DID NOT HAVE ANY IMPACT ON THE FINAL DECISION OF THE TRIBUNAL, T HAT THE ORDER SHOULD BE RECTIFIED TO THAT EXTENT OF THE OBSERVATION MADE ABOUT THE ORDER OF THE FAA. 2. DURING THE COURSE OF HEARING BEFORE US, THE AUTHORI SED REPRESENTATIVE (AR) REITERATED THE SUBMISSIONS THAT ARE PART OF THE MISCELLANEOUS APPL ICATION. THE DR LEFT THE ISSUE TO THE DISCRETION OF THE BENCH. MA/151/MUM/17(09-10) M/S. JSW ENERGY LTD. 2 3. WE HAVE HEARD THE RIVAL SUBMISSIONS. WE FIND THAT T HE ASSESSEE ITSELF HAS ADMITTED THAT THE FINAL OUTCOME WAS NOT BE AFFECTED BY THE OBSERVATIONS MAD E ABOUT THE ORDER OF THE FAA .WE HAVE PERUSED THE ORDER OF THE FAA AND WE FIND THAT THE T RIBUNAL HAD SUMMARIZED THE ORDER OF THE FAA. WE DONOT FIND ANY MISTAKE IN THE ORDER OF THE TRIBUNAL. SECONDLY, AS STATED EARLIER, THE FINAL RESULT REMAINS THE SAME. THEREFORE, WE ARE NO T INCLINED TO DISTURB THE EARLIER ORDER OF THE TRIBUNAL. AS A RESULT MA FILED BY THE ASSESSEE STANDS DISMISS ED. ORDER PRONOUNCED IN THE OPEN COURT ON 13 TH DECEMBER, 2017. 13 , 2017 SD/ SD/- / AMARJIT SINGH) ( / RAJENDRA) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; /DATED:13/12/2017. S.GANGADHARA RAO, SR.PS./JV, SR.PS / COPY OF THE ORDER FORWARDED TO : 1. APPELLANT / 2. RESPONDENT / 3. THE CONCERNED CIT(A)/ , 4. THE CONCERNED CIT / 5. DR I BENCH, ITAT, MUMBAI / , , . . 6. GUARD FILE/ //TRUE COPY// / BY ORDER, / DY./ASST. REGISTRAR , /ITAT, MUMBAI.