DCIT CIR 4(1)(1), MUMBAI V. CLSA INDIA P.LTD, MUMBAI

MA 155/MUM/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 4906 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-05-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 06-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHAUDHARY ARUN KUMAR SINGH
• Keywords: Rectification of order
• Section: 154

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL K BENCH, MUMBAI BEFORE S/SHRI SHAMIM YAHYA , ACCOUNTANT MEMBER AND S/SHRI AMARJIT SINGH, JUDICIAL MEMBER M.A. N O . 155 / M/201 9 (ARISING OUT OF S.A. NO. 331 /MUM/201 8 ) ( / ASSESSMENT YEAR: 2011 - 12 ) DCIT CIR 4(1)(1) 6 TH FLOOR, R. NO. 640/678 AAYAKAR BHAVAN,M.K. ROAD, MUMBAI - 400020 . / VS. M/S. CLSA INDIA PVT. LTD. 8/F, DALAMAL HOUSE, NARIMAN POINT, MUMBAI - 400021. / . / . PAN/GIR NO. : AAACC2262K ( / APPELLANT ) / APPLICANT .. ( / RESPONDENT ) / DATE OF HEARING: 26 .0 4 .201 9 /DATE OF PRONOUNCEMENT: 16/ 05 / 2019 ORDER PER AMARJIT SINGH, J M THE REVENUE HAS FILED THE PRESENT MISCELLA NEOUS APPLICATION BEARING NO.155 /M/2019 ARISING OUT OF S.A. NO.331/M/2018 AND ITA. NO.902/M/2016. 2. THE BRIEF FACTS OF THE CASE ARE THAT THE CASE BEARING ITA. NO.902/M/2016 DATED 03.08.2018 IS PENDING BEFORE THE HONBLE ITAT . I N THE SAID CASE , THE TOTAL INCOME OF THE ASSESSEE WAS DETERMINED TO THE TUNE OF RS.369,36,69,995/ - AND DEMAND O F RS.76,36,54,720/ - WAS RAISED. THEREAFTER, THE RECTIFICATION ORDER U/S 154 OF THE ACT WAS PASSED ON 17.03.2017 DETERMINING THE PAYMENT OF RS.51,18,54,520/ - . THEREAFTER, THE ASSESSEE FILED THE APPEAL BEFORE THE HONBLE ITAT AND ALSO FILED THE STAY APPLICAT ION . THE HONBLE ITAT HAS GRANTED THE STAY SUBJECT TO PAYMENT OF RS.5 CRORES WHICH WAS PAID . TH E STAY WAS EXTENDED ON REVENUE BY: SHRI CHAUDHARY ARUN KUMAR SINGH (DR) ASSESSEE BY: SHRI PARAS SAV AL A / HARSH SHAH (AR) MA 155 / MUM/201 9 DIFFERENT DATE AND LASTLY THE STAY WAS EXTENDED ON DATE 03.08.2018 . THE CASE HAS NOT BEEN DECIDED . THE STAY IS CAUSING HARDSHIP TO THE REVENUE BEING THE REVENUE IS UNABLE TO REALISE THE DEMAND AGAINST THE ASSESSEE, THEREFORE, THE STAY IS LIABLE TO BE VACATED OR EARLIER HEARING CAN BE GRANTED TO THE ASSESSEE. 3 . NOTICE GIVEN. 4 . WE HAVE HEARD THE ARGUMENT ADVANCED BY THE LD . REPRESENTATIVE OF THE PARTIES AND PERUSED THE RECORD. WE NOTICE D THAT THE STAY WAS EXTENDED BY VIRTUE OF ORDER DATED 03.08.2018 FOR THE PERIOD OF 180 DAYS OR TILL DECISION OF THE APPEAL WHICHEVER PERIOD EXPIRED EARLIER. THE STAY ORDER HAS ALREADY BECOME INFRUCTUOUS BECAUSE 180 DAYS HAS BEEN EXPIRED . A FTER THE EXPIRY OF THE PERIOD OF THE ORDER DATED 03.08.2018, T HE ORDER IS NOT REQUIRED TO BE RECALLED BEING IT HAS ALREADY BECOME INFRUCTUOUS. IN VIEW OF THE SAID CIRCUMSTANCES, THE PRESENT MISCELLANEOUS APPLICATION IS HEREBY ORDERED TO BE DISMISSED BEING INFRUCTUOUS. IN TH E RESULT , THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS HEREBY ORDERED TO BE DISMISSED . ORDER WAS PRON OUNCED IN TH E OPEN COURT ON 16/ 05 / 2019 SD/ - SD/ - ( SHAMIM YAHYA ) (AMARJIT SINGH) / ACCOUNTANT MEMBER /JUDICIAL MEMBER MUMBAI, DT: 16 /05 / 2019 VIJAY COPY TO : 1 . THE APPELLANT 2 . THE RESPONDENT 3 . THE CIT(A) 4 . THE CIT 5 . THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE, K , BENCH (TRUE COPY) BY ORDER ASSTT.REGISTRAR, ITAT, MUMBAI BENCHES