ITO 4(1)4, V. C.V. TRADING & INVESTMENT CO P.LTD,

MA 200/MUM/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8769 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 27-07-2012
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: I
• Assessment Year: 1996-1997
• Appeal Filed On: 27-03-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: V V SHASTRI
• Assessee Lawyers: SANJUKTA CHWDHURY

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH I BENCH BEFORE SHRI B.R.MITTAL(JUDICIAL MEMBER) AND SHRI B.RAMAKOTAIAH (ACCOUNTANT MEMBER) M.A.NO.200/MUM/2012 (ARISING OUT OF ITA NO.7421/MUM/2004) ASSESSMENT YEAR: 1996-97 I.T.O. 4(1)(4), ROOM NO.637-A, 6 TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI. M/S. C.V.TRADING & INVESTMENT CO.PVT.LTD., 5, OLD HANUMAN 1 ST CROSS LANE, 4 TH FLOOR, KALBADEVI ROAD, MUMBAI. PA NO.A.C. CIR -4(I) INV,MUMBAI (APPELLANT) VS. (RESPONDENT) APPELLANT BY : SHRI V.V.SHASTRI RESPONDENT BY: SMT SANJUKTA CHWDHURY DATE OF HEARING: 20.7.2012 DATE OF PRONOUNCEMENT: 27.7.2012 ORDER PER B.R.MITTAL, JM: BY THIS MISCELLANEOUS APPLICATION IN I.T.A.NO.7421 /M/2004 FOR ASSESSMENT YEAR 1996-97, THE DEPARTMENT HAS STATED THAT THE TRIBUNA L BY ITS CONSOLIDATED ORDER DATED 26.8.2011 DECIDED THE APPEALS OF THE ASSESSEE BEING I.T.A. NO.3801/M/2004 FOR A.Y. 1995-96 AND I.T.A. NO.3802/M/2004 FOR A.Y. 1996-97 AND THE APPEALS OF THE DEPARTMENT BEING I.T.A. NO.7420/M/2004 FOR A.Y. 199 5-96 AND I.T.A. NO.7421/M/2004 FOR A.Y. 1996-97. IT IS STATED THAT THE TRIBUNAL W HILE DECIDING GROUND NO.1 OF APPEAL OF DEPARTMENT FOR A.Y. 1996-97, IN PARA 62, HAS STATED THAT THE SAID GROUND IS IDENTICAL TO GROUND NO.1 RAISED BY THE DEPARTMENT IN ITS APPEAL FOR A.Y. 1995-96 AND FOLLOWED THE SAME REASON AS STATED FOR A.Y. 1995-96 AND DECIDED GROUND NO.1 OF APPEAL FOR A.Y. 1996-97 IN PARA 63 OF THE ABOVE ORDER. 2. AT THE TIME OF HEARING, LD D.R. STATED THAT THE TRIBUNAL IN PARA 29 OF THE ABOVE ORDER DECIDED GROUND NO.1 OF APPEAL OF DEPARTMENT F OR A.Y. 1995-96 BY REVERSING THE ORDER OF LD CIT(A) AND RESTORING THE ORDER OF AO. THUS, GROUND NO.1 OF APPEAL OF DEPARTMENT WAS ALLOWED. HE SUBMITTED THAT THE TRIB UNAL WHILE FOLLOWING THE SAID ORDER M.A.NO.200/MUM/2012 (ARISING OUT OF ITA NO.7421/MUM/2004) ASSESSMENT YEAR: 1996-97 2 FOR A.Y. 1995-96 IN GROUND NO.1 OF APPEAL FOR A.Y. 1996-97 HAS WRONGLY STATED THAT FOR THE REASONS STATED FOR A.Y. 1995-96, GROUND NO.1 OF APPEAL FOR A.Y. 1996-97 IS DISMISSED. 3. LD A.R. SUBMITTED THAT IT IS A TYPOGRAPHICAL MIS TAKE AND, THEREFORE, SAID WORD DISMISSED IN PARA 63 IS TO BE SUBSTITUTED TO WORD ALLOWED. HOWEVER, LD A.R. SUBMITTED THAT THERE IS NO MISTAKE IN THE SAID ORD ER AS EACH YEAR IS DIFFERENT YEAR. LD A.R. SUBMITTED THAT THE DISALLOWANCE IS ON ADHOC BA SIS AND, THEREFORE, THERE IS NO REASON NOW TO ALLOW GROUND NO.1 OF APPEAL OF THE REVENUE F OR A.Y. 1996-97. 4. WE HAVE CONSIDERED SUBMISSIONS OF LD REPRESENTAT IVES OF PARTIES AND ALSO ITAT ORDER DATED 26.8.2011 (SUPRA). WE AGREE WITH LD D. R. THAT IN PARA 29, THE TRIBUNAL WHILE DECIDING GROUND NO.1 OF APPEAL BY DEPARTMENT FOR ASSESSMENT YEAR 1995-96 HAS STATED AS UNDER: IN VIEW OF THE ABOVE, WE REVERSE THE ORDER OF TH E CIT(A) AND RESTORE THE ORDER OF THE AO. GROUND NO.1 IS ACCORDINGLY ALLOWED. 5. FURTHER, WE OBSERVE THAT THE TRIBUNAL HAS STATED IN PARA 63 THAT IT FOLLOWS THE REASONS FOR DECIDING GROUND NO.1 OF APPEAL FOR A.Y. 1996-97 RAISED BY THE REVENUE AS STATED FOR A.Y. 1995-96. IN VIEW OF ABOVE, WE AGRE E WITH LD D.R. THAT GROUND NO.1 OF APPEAL OF THE DEPARTMENT FOR A.Y. 1996-97 IS TO BE ALLOWED BY CONFIRMING THE ORDER OF AO. HENCE, THERE IS AN INADVERTENT TYPOGRAPHICAL MISTAKE IN PARA 63 TO STATE THAT THE SAID GROUND NO.1 OF APPEAL OF REVENUE IS DISMISSED. WE, ACCORDINGLY, AMEND THE PARA 63 OF THE ORDER OF THE TRIBUNAL DT.26.8.2011 (SUPRA ) BY SUBSTITUTING THE WORD ALLOWED IN PLACE OF WORD DISMISSED. HENCE, ORDER OF THE TRIBUNAL DATED 26.8.2011 STANDS MODIFIED ACCORDINGLY. 6. IN THE RESULT, MISCELLANEOUS APPLICATION IS ALLO WED. PRONOUNCED IN THE OPEN COURT ON 27 TH JULY, 2012 SD/- (B.RAMAKOTAIAH) ACCOUNTANT MEMBER SD/- (B.R. MITTAL) JUDICIAL MEMBER MUMBAI, DATED 27 TH JULY, 2012 M.A.NO.200/MUM/2012 (ARISING OUT OF ITA NO.7421/MUM/2004) ASSESSMENT YEAR: 1996-97 3 PARIDA COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. COMMISSIONER OF INCOME TAX (APPEALS) CONCERNED 4. COMMISSIONER OF INCOME TAX, CONCERNED 5. DEPARTMENTAL REPRESENTATIVE, BENCH I MUMBAI //TRUE COPY// BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI