CIT (A), NFAC, DELHI V. BLUE ROSE INDUSTRIAL PREMISES CO-OP SOCIETY LIMITED, MUMBAI

MA 155/MUM/2024

• Counselvise Citation: 15519924 RSA 2024
• Duration Of Justice: 1 month(s) 29 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-08-2024
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 25-07-2024
• Assessment Year: misc
• Appeal Filed On: 20-06-2024
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: H.M BHATT
• Assessee Lawyers: AJAY R. SINGH
• Section: 254(2); 153

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “SMC”, MUMBAI BEFORE SHRI NARENDER KUMAR CHOUDHRY, JUDICIAL MEMBER MA No.155/M/2024 (Arising out of ITA No.2227/M/2023) Assessment Year: 2020-21 CIT(A), National Faceless Appeal Centre (NFAC), Income Tax Department, Delhi – 110 001 Vs. M/s. Blue Rose Industrial Premises Co-op Society Limited, 43 Blue Rose Industrial Premises Co-op Society Limited, Western Express Highway, Borvali East, Mumbai – 400 068 PAN: AAAAB3779Q (Appellant) (Respondent) Present for: Assessee by : Shri Ajay R. Singh, A.R. Revenue by : Shri H.M Bhatt, Sr. DR. Date of Hearing : 26 . 07 . 2024 Date of Pronouncement : 19 . 08 . 2024 O R D E R Per : Narender Kumar Choudhry, Judicial Member: At the outset, my attention was drawn by the Ld. Counsel Shri Ajay R. Singh and not refuted by the Ld. Sr. D.R. Shri H.M. Bhatt that on the appeal portal of Income Tax Appellate Tribunal, only the authorization memo dated 20.06.2024 issued by the Pr. MA No.155/M/2024 (Arising out of ITA No.2227/M/2023) M/s. Blue Rose Industrial Premises Co-op Society Limited 2 Commissioner of Income Tax-42, Mumbai and forwarding letter dated 21.06.2024 addressed to the Registrar, ITAT by the Upendra Kumar, ITO-42(1)(1), Mumbai are available and in fact no miscellaneous application u/s 254(2) of the Act is available on online appeal portal. 2. From the details available qua instant MA, on the online appeal portal of the Tribunal, it appears that the Registry of Tribunal may be inadvertently entertained the authorization memo dated 20.06.2024 as rectification application filed with a delay of 51 days, against the order dated 31.10.2023 passed by the co-ordinate Bench of the Tribunal in the Assessee’s case (ITA No.2227/M/2023). Admittedly no rectification application is available on online portal and therefore nothing requires to be adjudicated. 3. Even otherwise in the authorization memo available on record, main grievance of the Revenue Department as it appears, is that the Tribunal while deciding the impugned order has not considered the judgment of the Hon’ble Karnataka High Court in the case of PCIT vs. Totgars Cooperative Sale Society Ltd. (2017) 395 ITR 611 (Kar.). 4. I observe that the co-ordinate Bench of the Tribunal in the appeal of the Assessee mainly relied on the judgment passed by the Hon’ble co-ordinate Bench of the Tribunal in the case of Padhara Prabha Co-operative Housing Society Ltd. vs. ITO (ITA No.1346 & 1347/M/2023 decided on 27.07.2023) (2023) 153 MA No.155/M/2024 (Arising out of ITA No.2227/M/2023) M/s. Blue Rose Industrial Premises Co-op Society Limited 3 taxmann.com 714 (Mumbai-Tri.) wherein identical issue whether the interest/dividend income earned from cooperative bank can be claimed as deduction u/s 80P(2)(d) of the Act or not. I observe that the Hon’ble Bench specifically dealt with the decision rendered by the Hon’ble Karnataka High Court in the case of PCIT vs. Totgars Cooperative Sale Society Ltd. (2017) 395 ITR 611 (Kar.), on which the Revenue Department is claiming that the same has not been considered by the Tribunal. Hence, on the aforesaid facts, even otherwise, if I consider the authorization memo dated 20.06.2024 itself as a miscellaneous application, then also the claim of the Revenue is un-sustainable, as there is no apparent error, which requires any rectification in the impugned order. 5. Considering the aforesaid peculiar facts and circumstances, the miscellaneous application registered as MA No.155/M/2024 is not maintainable being without any application and even otherwise for the want of limitation. Hence the same is dismissed. 6. In the result, the instant MA stands dismissed. Order pronounced in the open court on 19.08.2024. Sd/- (NARENDER KUMAR CHOUDHRY) JUDICIAL MEMBER * Kishore, Sr. P.S. MA No.155/M/2024 (Arising out of ITA No.2227/M/2023) M/s. Blue Rose Industrial Premises Co-op Society Limited 4 Copy to: The Appellant The Respondent The CIT, Concerned, Mumbai The DR Concerned Bench //True Copy// By Order Dy/Asstt. Registrar, ITAT, Mumbai.