DCIT 4(2), V. MEHTA FINANCIAL SERVICES LTD,

MA 187/MUM/2015

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4106 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 23 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 05-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 13-08-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUMIT KUMAR

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI BEFORE S/SHRI B.R.BASKARAN (AM) AND SANJAY GARG (JM) . . , , MISCELLANEOUS APPLICAT ION NO. 187 /MUM/201 5 ARISING OUT OF I.T.A. NO. 6765/ MUM/20 12 ( / ASSESSMENT YEAR : 200 7 - 08 ) THE DY. COMMISSIONER OF INCOME TAX - 4 (2), R.NO.642, 6 TH FLOOR, AYAKAR BHAVAN, M.K.ROAD, MUMBAI - 400020 / VS. M/S MEHTA FINANCIAL SERVICES LI MITED, 612, ARUN CHAMBERS, TARDEO, MUMBAI - 400034 ( / APPELLANT ) .. ( / RESPONDENT ) ./ ./PAN : AAACR4142D / APP LICANT BY SHRI SUMIT KUMAR / RESPONDENT BY NONE / DATE OF HEARING : 5.2. 201 6 / DATE OF PRONOUNCEMENT : 5.2. 201 6 / O R D E R PER B.R. BASKARAN (AM) THE REVENUE HAS FILED THIS MISCELLANEOUS APPLICATION AGAINST THE ORDER DATED 20. 2.2015 PASSED BY THE TRIBUNAL IN THE APPEAL CITED ABOVE. ACCORDING TO THE REVENUE, THE TRIBUNAL DID NOT NOTE THE FACT THAT THE ASSESSEE WAS PROVIDED WITH AN OPPORTUNITY TO CROSS - EXAMINE THE FOUR PERSONS FROM WHOM STATEMENT S WERE RECORDED . 2. THE LD D.R SUBMITTED THAT THE ASSESSING OFFICER HAS PROVIDED OPPORTUNITY OF CROSS EXAMINING THE FOUR PERSONS TO THE ASSESSEE DURING THE M A NO. 187 /MUM/201 5 2 COURSE OF REMAND PROCEEDINGS, BUT THE ASSESSEE DID NOT AVAIL THAT OPPORTUNITY. ACCORDINGLY, THE LD D.R SUBMITTED THAT THE TRIB UNAL DID NOT TAKE NOTE OF THIS FACT AND THE SAME HAS RESULTED IN A MISTAKE APPARENT FROM RECORD. 3. HOWEVER, A PERUSAL OF THE PARAGRAPH 12 OF THE TRIBUNAL ORDER WOULD SHOW THAT T HE ASSESSEE HAS DISPUTED THE FACT OF GRANTING OPPORTUNITY OF CROSS EXAM INATION AND THE ASSESSEE HAS FILED AFFIDAVITS OBTAINED FROM THE FOUR PERSONS FROM WHOM THE STATEMENTS WERE RECORDED AND IN THE SAID AFFIDAVITS, IT HAS BEEN AVERRED THAT THEY HAVE NOT RECEIVED ANY NOTICE FROM THE ASSESSING OFFICER ASKING THEM TO APPEAR FOR CROSS EXAMINATION. 4. IN PARAGRAPH 12 OF THE ORDER, THE TRIBUNAL HAS DULY NOTED DOWN ALL THE ABOVE SAID FACTS. THUS, WE NOTICE THAT THE TRIBUNAL HAS CONSIDERED ALL THE FACTS SURROUNDING T HE ISSUE AND HAS TAKEN A CONSCIOUS VIEW OF THE MATTER. IN V IEW OF THE ABOVE, WE DO NOT FIND ANY MERIT IN THE PETITION FILED BY T HE REVENUE AND ACCORDINGLY, WE DISMISS THE SAME. 5 . IN THE RESULT, THE MISCELLANEOUS PETITION FILED BY THE REVENUE IS DISMISSED. PRONOUNCED ACCORDINGLY ON 5 TH FEB , 201 6 . 5 TH FEB , 2016 SD SD ( / SANJAY GARG ) ( . . / B.R. BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI: 5 TH FEB , 2016 . . . ./ SRL , SR. PS M A NO. 187 /MUM/201 5 3 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT (A) - CONCERNED 4. / CIT CONCERNED 5. , , / DR, ITAT, MUMBAI CONCERNED 6. / GUARD FILE. / BY ORDER, TRUE COPY (ASSTT. REGISTRAR) , /ITAT, MUMBAI