SEEMA HARSHIT SAVLA, V. ASST CIT RG 10(1),

MA 218/MUM/2015

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 3871 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 12 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 29-01-2016
• Appeal Filed By: Assessee
• Bench Allotted: E
• Assessment Year: 2006-2007
• Appeal Filed On: 16-09-2015
• Court: TRIBUNAL
• Department Lawyers: VACHARPATI TRIPATHI

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL E , BENCH MUMBAI BEFORE SHRI R.C.SHARMA , A M & SHRI SANJAY GARG , J M MISCELLANEOUS APPLICATION NO . 218 /MUM /20 1 5 (ARISING OUT OF ITA NO. 6536 /MUM/201 0 ) ( / ASSESSMENT YEAR : 20 06 - 07 ) MS. SEEMA HARSHIT SAVLA, 601, LANDMARK, TAGORE ROAD, PLOT NO.487, SANTACRUZ(W), MUMBAI - 400054 VS. ACIT, RANGE - 19(1), MUMBAI ./ ./ PAN/GIR NO. : A A HPS 6801 N ( / APPELLANT ) .. ( / RESPONDENT ) /ASSESSEE BY : SHRI VIJAY MEHTA /REVENUE BY : SHRI VACHARPATI TRIPATHI / DATE OF HEARING : 29 / 01 /201 6 / DATE OF PRONOUNCEMENT 29/01 /201 6 / O R D E R PE R R.C.SHARMA (A.M) : TH IS MISCELLANEOUS APPLICATION AROSE OUT OF ITAT ORDER DATED 19 - 8 - 2015 IN RESPECT OF ITA NO. 6536 /MUM/201 0 . 2 . THROUGH THIS APPLICATION, I T WAS SUBMITTED BY LD. AR THAT GROUND NO.2 RAISED IN THE APPEAL REMAINED TO BE DECIDED WHICH PERTAI NS TO CONSIDERATION OF SHORT TERM CAPITAL LOSS ON SALE OF SHARES OF SUYASH LABORATORIES LIMITED OF RS. 25,83,867/ - AS LONG TERM CAPITAL LOSS. 3. WE HAVE CONSIDERED RIVAL CONTENTIONS AND FOUND THAT THE ABOVE GROUND HAS REMAINED TO BE DECIDED BY THE TRIBUNAL IN ITS ORDER DATED 19 - 8 - 2015, EVEN THOUGH RAISED IN THE GROUND OF APPEAL, WHICH AMOUNTS TO MISTAKE APPARENT ON RECORD. ACCORDINGLY, WE RECALL THE ORDER DATED 19 - 8 - MA NO. 218 /15 2 2015 ONLY TO THE EXTENT OF DECIDING GROUND NO.2. THE APPEAL IS FIXED FOR HEARING ON 10 TH MARC H, 2016 , FOR HEARING GROUND NO.2. 4 . IN THE RESULT, MISCELLANEOUS APPLICATION OF THE ASSESSEE IS ALLOWED , IN TERMS INDICATED HEREINABOVE. O RDER PRONOUNCED IN THE OPEN COURT ON THIS 29/01 / 201 6 . SD/ - SD/ - ( SANJAY GARG ) ( R.C.SHARMA ) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI ; DATED 29/01 /201 6 . . /PKM , . / PS / COPY OF THE ORDER FORWARDED TO : / BY ORDER, / ( ASSTT. REGISTRAR) , / ITAT, MUMBAI 1. / TH E APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A), MUMBAI. 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE. //TRUE COPY//