RISHIROOP RUBBER INTERNATIONAL LTD, V. DCIT CIR 3(3),

MA 221/MUM/2015

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4349 (ITAT-MUMBAI)
• Duration Of Justice: 6 month(s) 6 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 05-04-2016
• Appeal Filed By: Assessee
• Bench Allotted: D
• Assessment Year: 2010-2011
• Appeal Filed On: 29-09-2015
• Court: TRIBUNAL
• Department Lawyers: ADAGIRI
• Keywords: Depreciation

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D , BENCH MUMBAI BEFORE SHRI R. C. SHARMA , JM & SHRI SANDEEP GOSAIN , J M MISCELLANEOUS APPLICATION NO S . 221/ MUM/20 1 5 (ARISING OUT OF ITA NO . 6 9 06 / MUM/201 3 ) ( / ASSESSMENT YEAR : 201 0 - 201 1 ) M/S RISHIROOP RUBBER INTERNATIONAL LTD., 65 ATLANTA NARIMAN POINT, MUMBAI - 400021 VS. DCIT, CR - 3(3), MUMBAI ./ ./ PAN/GIR NO. : AA BCR 1789 B /ASSESSEE BY : SHRI JAYESH DADIA /REVENUE BY : SHRI B.YADAGIRI / DATE OF HEARING : 29/01/2016 / DATE OF PRONOUNCEMENT : 05/04 / 2016 / O R D E R PER R.C.SHARMA ( A .M.) : TH IS MISCELLANEOUS APPLICATION AROSE OUT OF THE ORDER D TD . 8 - 5 - 2015 , PASSED BY THE TRIBUNAL IN ITA NO. 6906/MUM/2013 . 2 . IT WAS CONTENDED BY LD. AR THAT WHILE DECIDING THE ISSUE THE TRIBUNAL HAS FOLLOWED ITS EARLIER ORDER FOR THE ASSESSMENT YEAR 2006 - 2007 AND 2007 - 08, DATE D 20 - 1 - 2012, FACTS OF WHICH WERE DIFFEREN T, THEREFORE, AMOUNTS TO MISTAKE APPARENT ON RECORD. 3. WE HAVE CONSIDERED RIVAL CONTENTIONS AND FOUND THAT FACTS IN THE ASSESSMENT YEAR 2006 - 07 AND 2007 - 08 FOR WHICH THE TRIBUNAL HAS PASSED THE ORDER DATED 20 - 1 - 20 12 WAS DIFFERENT, HOWEVER, APPLYING THE SAME PROPOSITION TO THE FACTS OF THE ASSESSMENT YEAR 2010 - 2011 UNDER CONSIDERATION THE TRIBUNAL HAS PASSED THE ORDER WHICH AMOUNTS TO MISTAKE APPARENT FROM RECORD. ACCORDINGLY, WE RECALL THE ORDER DATED 8 - 5 - M A NO. 221 / 20 15 2 2015 FO R DECIDING THE LIMITED ISSUE OF DISALLOWANCE OF DEPRECIATION WHILE COMPUTING BOOK PROFIT U/S.115JB OF THE I.T.ACT. 4 . IN THE RESULT, MISCELLANEOUS APPLICATION OF THE ASSESSEE IS DISPOSED OF F IN TERMS INDICATED HEREINABOVE. ORDER PRONOUNCED IN THE OPEN COUR T ON THIS 05/04 / 201 6 05/04 /201 6 SD/ - SD/ - SANDEEP GOSAIN R.C.SHARMA JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI ; DATED 05/04 / 201 6 . . /PKM , . / PS / COPY OF THE ORDER FORWARDED TO : / BY ORDER, ( ASSTT. REGISTRAR) , / ITAT, MUMBAI 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A), MUMBAI. 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE. //TRUE COPY//