IQBAL M. SAIYED, V. DCIT 22(3),

MA 196/MUM/2013

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 1274 (ITAT-MUMBAI)
• Duration Of Justice: 6 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-12-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: I
• Next Hearing Date: 22-11-2013
• Assessment Year: 2005-2006
• Appeal Filed On: 31-05-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M L PERUMAL
• Assessee Lawyers: MRS RITIKA AGARWAL

Judgement Text

INCOME TAX APPELLATE TRIBUNAL,MUMBAI - I BENCH. . . , , BEFORE S/SH. I.P. BANSAL,JUDICIAL MEMBER & RAJENDRA ,ACCOUNTANT MEMBER MA NO. 196/MUM/2013 (ARISING OUT OF ITA NO. 2576/MUM/2009 & C.O. NO. 20 1/MUM/2009) ASSESSMENT YEAR 2005-06 IQBAL M. SAIYED 416, B. PERSIPOLIS, PLOT NO.74, SECTOR 17, VASHI , NAVI MUMBAI 400 703 PAN: AMZPS2897Q VS. DY. COMMISSIONER OF INCOME TAX, 22(3)-3 MUMBAI DY. COMMISSIONER OF INCOME TAX, 22(3)-3 MUMBAI VS. IQBAL M. SAIYED 416, B. PERSIPOLIS, PLOT NO.74, SECTOR 17, VASHI , NAVI MUMBAI 400 703 PAN: AMZPS2897Q ( / APPELLANT ) ( / RESPONDENT ) APPELLANT BY : MRS. RITIKA AGARWAL RESPONDENT BY : SHRI M.L.PERUMAL ! '# / DATE OF HEARING : 22-11-2013 $%&' ! '# / DATE OF PRONOUNCEMENT : 04-12-2013 ( / O R D E R PER RAJENDRA, A.M. THROUGH HIS MISCELLANEOUS APPLICATION(MA),DTD.31.5. 2013,ASSESSEE HAS SUBMITTED THAT CERTAIN MISTAKES ARE APPARENT FROM THE RECORD IN THE ORDER PASSED BY THE TRIBUNAL ON 17.04.2013, THAT SAME HAVE TO RECTIFIED AS PER THE PROVISIONS OF SECTION 254(2) OF THE INCOME TAX,1961(ACT).IN THIS CASE,APPEALS AND CROSS OBJECTIONS (COS) WERE FILED BY THE ASSESSING OFFICER (AO) AND THE ASSESSEE FOR THE A.Y.2005-06 AND 2006-07.ALL THE FOUR MATTER S WERE CONSOLIDATED AND WERE HEARD TOGETHER ON12.11.2012 BY A COMMON ORDER DATED 21.11.2012AND APPEALS/CO WERE ALLOWED IN PART.ASSESSEE FILED MA,DATED 14.12.2012,FOR RECTIFYING THE MISTAK ES OF THE ORDER DATED 21.11.,2012.VIDE OUR ORDER DATED 17.4.2013 MA FILED BY THE ASSESSEE WAS ALLOWED IN PART.BY THE PRESENT MA,DATED 31.05.2013,ASSESSEE HAS SUBMITTED THAT WHILE PASSIN G ORDER ON 17.04.2013 MISTAKES AT SERIAL NO.1 AND 2 REMAINED TO BE ADDRESSED,THAT DECISION REGARD ING SETTING ASIDE THE ORDER TO ONE PARTICULAR AUTHORITY WAS NOT DECIDED ON 17.04.2013, THAT FOR T HE A.Y.2005-06 ISSUE WITH REGARD TO THE CASH EXPENSES AND LABOUR CHARGES HAVE BEEN REMITTED BACK TO THE FILE OF THE FAA,WHEREAS ISSUES OF LONG TERM CAPITAL GAINS VDIS AND TDS, EXPENSES AND BUSIN ESS PROMOTION HAD BEEN SENT BY TO THE FILE OF THE AO, THAT ALL ISSUES WERE TO BE SENT BACK TO THE ONE AUTHORITY ONLY. 2. WHILE DECIDING THE MA NO. 195/MUM/2013 FOR THE SAME AY WE HAVE DECIDED THE ISSUE IN FAVOUR OF THE ASSESSEE, FOLLOWING THE SAME MA NO. 196 STAN DS ALLOWED. MISCELLANEOUS APPLICATION F ILED ON 31.05.2013 STANDS ALLOWED. )'*'+ )'*'+ )'*'+ )'*'+ ,)' ,)' ,)' ,)' - - - - . . . . ! !! ! / / / / FOFO/K FOFO/K FOFO/K FOFO/K 0' 0' 0' 0' ! !! ! ' ' ' ' 12 1212 12 . MA NO. 196 /MUM/2013 IQBAL M. SAIYED 2 ORDER PRONOUNCED IN THE OP EN COURT ON 04 TH DECEMBER, 2013. ( ! $%&' *3 4 4 FNLA FNLA FNLA FNLACJ CJCJ CJ ,2013 % ! / 5 SD/- SD/- ( . . / I.P.BANSAL ) ( / RAJENDRA) / JUDICIAL MEMBER /ACCOUNTANT MEMBER * / MUMBAI, 4 /DATE: 04. 1 2.2013 SK ( ( ( ( ! !! ! ' 6 ' 6 ' 6 ' 6 76&' 76&' 76&' 76&' / COPY OF THE ORDER FORWARDED TO : 1. ASSESSEE / 2. RESPONDENT / 3. THE CONCERNED CIT(A)/ 8 9 , 4. THE CONCERNED CIT / 8 9 5. DR I BENCH, ITAT, MUMBAI / 6:/ ', . ;< , . . . * 6. GUARD FILE/ /; = 6' ' //TRUE COPY// ( / BY ORDER, > / 1 DY./ASST. REGISTRAR ,' , * /ITAT, MUMBAI