VINAY BHASIN (hUF), MUMBAI V. ITO WD 19(3)(4), MUMBAI

MA 18/MUM/2017

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 4063 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 1 month(s) 27 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-03-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Assessment Year: 2006-2007
• Appeal Filed On: 11-01-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Rectification of order
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, BENCH F, MU MBAI BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER AND SHRI M. BALAGANESH, ACCOUNTANT MEMBER M.A. NO. 18/M/2017 IN ITA NO. 3373/MUM/2015 (A.Y. 2 006-07) VINAY BHASIN (HUF) 33, SEA BREEZE APARTMENTS, BULLOCK ROAD, OFF BAND STAND, BANDRA (WEST), MUMBAI -400050 PAN: AAEHV1503P VS. ITO WARD-19(3) , PIRAMAL CHAMBERS, PAREL, MUMBAI-400012 (APPELLANT) (RESPONDENT) ASSESSEE REPRESENTED BY : SHRI VINAY SINHA (AR) REVENUE REPRESENTED BY : SHRI D.G. PANSARI (SR. DR) DATE OF HEARING : 08.03.2019 DATE OF ORDER : 08.03.2019 ORDER UNDER SECTION 254(2) OF INCOME-TAX ACT PER PAWAN SINGH, JUDICIAL MEMBER 1. THIS MISCELLANEOUS APPLICATION IS FILED BY ASSESSEE FOR SEEKING RECTIFICATION OF ORDER DATED 07.12.2016 PASSED IN I TA NO.3373/MUM/2015. THE APPLICANT/ ASSESSEE INTER ALIA PLEADING IN THE IR APPLICATION THAT WHILE DECIDING THE APPEAL OF ASSESSEE THE PENALTY LEVIED UNDER SECTION 271(1) WAS UPHELD. THE ORDER OF PENALTY WAS UPHELD BY CONS IDERING THE CONTENTION OF LD. DEPARTMENTAL REPRESENTATIVE (DR) FOR THE REV ENUE THAT ADDITION IN THE QUANTUM ASSESSMENT HAS BEEN UPHELD BY LD CIT(A) AND THE ASSESSEE HAS NOT FILED FURTHER APPEAL BEFORE THE TRIBUNAL. I T IS FURTHER CONTENDED THAT M.A. NO. 18 MUM 2017-VINAY BHAS IN (HUF) 2 LD. DR FOR THE REVENUE HAS NOT BROUGHT THE CORRECT FACT BEFORE THE TRIBUNAL. THE LD. AUTHORIZED REPRESENTATIVE (AR) OF THE ASSES SEE SUBMITS THAT THE ASSESSEE FILED APPEAL IN THE QUANTUM ASSESSMENT BEF ORE THE TRIBUNAL, WHEREIN THE ADDITION IN THE QUANTUM HAS BEEN DELETE D BY TRIBUNAL VIDE ITA NO. 51/MUM/2013 DATED 18.12.2016. THEREFORE, THE OR DER WAS OBTAINED BY REVENUE BY MISREPRESENTING THE FACT BY LD DR BEFORE THE TRIBUNAL. THE LD. AR OF THE ASSESSEE SUBMITS THAT THERE IS MISTAKE AP PARENT ON RECORD IN HOLDING THAT NO APPEAL WAS FILED BEFORE THE TRIBUNA L. THE FACT IS THAT THE TRIBUNAL DELETED THE ENTIRE ADDITION ON THE BASIS O F WHICH PENALTY WAS LEVIED BY ASSESSING OFFICER. THE LD. AR PRAYED FOR RECALLING OF THE ORDER DATED 07/12/2016 AND TO FIX THE APPEAL FOR HEARING AFRESH. 2. ON THE OTHER HAND, THE LD. DR FOR THE REVENUE SUBMI TS THAT THE ASSESSEE NEITHER APPEARED BEFORE THE TRIBUNAL WHEN THE APPEA L CAME UP HEARING NOR BROUGHT THIS FACT IN THE NOTICE OF TRIBUNAL ABOUT T HE PENDENCY OF APPEAL IN QUANTUM ASSESSMENT. THE LD. DR REPRESENTED THE FACT ON THE BASIS OF RECORD AVAILABLE WITH HIM. 3. WE HAVE CONSIDERED THE SUBMISSION OF PARTIES AND PE RUSED THE MATERIAL AVAILABLE ON RECORD. PERUSAL OF ORDER IN ITA NO. 51 /MUM/2013 DATED 18.12.2016 REVEALS THAT THE ADDITION MADE IN THE QU ANTUM ASSESSMENT ON THE BASIS OF WHICH THE ASSESSING OFFICER LEVIED THE PENALTY HAS BEEN DELETED BY THE TRIBUNAL. M.A. NO. 18 MUM 2017-VINAY BHAS IN (HUF) 3 4. CONSIDERING THE CONTENTS OF THE DECISION OF TRIBUNA L IN ITA NO. 51/MUM/2013 AND THE SUBMISSION OF LD. AR OF THE ASS ESSEE, THE ORDER DATED 07.12.2016 PASSED IN ITA NO. 3373/MUM/2015 IS RECALLED. 5. AS WE HAVE RECALLED THE ORDER DATED 07.12.2016, THE HEARING OF THE APPEAL IS FIXED ON 10.04.2019 BY REGULAR BENCH. ISSUANCE O F SEPARATE NOTICE IS DISPENSED WITH AS THE DATE OF HEARING WAS FIXED WIT H THE CONSENT OF LD. REPRESENTATIVES OF BOTH THE PARTIES. 6. IN THE RESULT, MISCELLANEOUS APPLICATION FILED BY A SSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 8 TH DAY OF MARCH 2019. SD/- SD/- (M. BALAGANESH) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI; DATED 08/03/2019 S.K.PS COPY OF THE ORDER FORWARDED TO : BY ORDER, (ASSTT.REGISTRAR) ITA T, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY/