CITICORP INTERNATIONAL FINANCE CORPORATION, MUMBAI V. DDIT - 1(2), MUMBAI

MA 238/MUM/2016

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 5468 (ITAT-MUMBAI)
• Duration Of Justice: 6 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 10-02-2017
• Appeal Filed By: Assessee
• Bench Allotted: C
• Assessment Year: 2004-2005
• Appeal Filed On: 22-07-2016
• Court: TRIBUNAL
• Department Lawyers: SAURABH KUMAR
• Assessee Lawyers: A V SONDE

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C , BENCH MUMBAI BEFORE SHRI R.C.SHARMA, AM & SHRI AMARJIT SINGH , JM M A NO. 2 38 / MUM/20 1 6 (ARISING OUT OF ITA NO.8513/MUM/2010 ) ( ASSESSMENT YEAR : 200 4 - 0 5 ) M/S. CITICORP INTERNATIONAL FINANCE CORPORATION C/O. A.F.FERGUSON & CO., MAKER TOWERS, E WING, 4 TH FLOOR, CUFFE PARADE, MUMBAI VS. DDIT 1(2), MUMBAI PAN/GIR NO. AACCC2105R APPELLANT ) .. RESPONDENT ) ASSESSEE BY SHRI A.V.SONDE REVENUE BY SHRI SAURABH KUMAR DATE OF HEARING 10 / 02 /201 7 DATE OF PRONOUNCEME NT 10 / 02 /201 7 / O R D E R PER R.C.SHARMA (A.M) : THIS M.A ARISE OUT OF ITA NO. 8513 /MUM/ 2010 ORDER DATED 05/10/2010 . 2. IT WAS CONTENDED BY LEARNED AR THAT GROUND NO.3 OF APPLICANTS APPEAL (ITA NO.8513/MUM/201 0) HAS NOT BEEN DISPOSED / ADJUDICATED BY THE HONBLE TRIBUNAL. GROUND NO.3 IS REPRODUCED HEREUNDER: - 3. THE CIT(A) ERRED IN UPHOLDING THE AOS ACTION OF NOT ALLOWING CARRY FORWARD OF LONG TERM CAPITAL LOSS OF RS.6,15,64,083/ - PERTAINING TO THE ASSESSMENT YEAR 2003 - 04. 3. WE HAD GONE THROUGH THE ORDER OF THE TRIBUNAL AND FOUND THAT INADVERTENTLY GROUND NO.3 WAS NOT DISPOSED OF. ACCORDINGLY , APPEAL IS M.A.NO.238/MUM /2016 CITICORP INTERNATIONAL FINANCE CORPO RATION 2 RECALLED TO A LIMIT ED EXTENT OF HEARING AND DECIDING GROUND NO.3 OF THE APPEAL AS STATED ABOVE. 4. IN T HE RESULT MA FILED BY ASSESSEE IS ALLOWED IN TERMS INDICATED HEREINABOVE. REGISTRY IS DIRECTED TO ISSUE A FRESH NOTICE AND FIX THE CASE FOR HEARING IN REGULAR BENCH. O RDER PRONOUNCED IN THE OPEN COURT ON THIS 10 / 02 /2017 S D/ - ( AMARJIT SINGH ) S D/ - ( R.C.SHARMA ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED 10 / 02 /201 7 KARUNA SR. PS COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. T HE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//