SEVEN RINGS EDUCATIONS PVT. LTD, Mumbai V. ITO 11(2)(1), Mumbai

MA 24/MUM/2022

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 3644 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 05-07-2022
• Appeal Filed By: Assessee
• Order Result: PartlyAllowed
• Bench Allotted: G
• Assessment Year: 2011-2012
• Appeal Filed On: 01-02-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Rectification of order
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE SHRI OM PRAKASH KANT, ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER MA No.24/Mum/2022 (Arising out of ITA No.24/Mum/20212) (Assessment Year 2011-12) M/s. Seven Rings Education Pvt. Ltd. Plot No.104, Bldg. No.23 Akash Co-op Hsg. Soc. Mahada, Oshiwara Adheri West, Mumbai-400053. Vs. ITO-11(2)(1) Room no 425, Aayakar Bhavan, M.K.Road, Mumbai-400020. PAN/GIR No. : AAACL4819R Appellant .. Respondent Appellant by : Mr. Ajay Singh.AR Respondent by : Ms. Vranda U. Matkari.DR Date of Hearing 01.07.2022 Date of Pronouncement 06.07.2022 आदेश / O R D E R PER PAVAN KUMAR GADALE JM: The Assessee has filed the Miscellaneous Application No.24/Mum/2022 in ITA No.964/Mum/2019 dated9-08- 2021 for rectification of mistake of facts in the order of the Honble Tribunal. 2. Seven Rings Education Pvt. Ltd. vs. ITO 2. The assessee has raised the grounds in the miscellaneous application as under: “The Applicant is aggrieved by certain observation in the order, which required correction/ modification as the same shall affect the right of applicant in other proceedings. “........and thereafter his wife Mrs. Renu Sharma was running the company. (Page No.2 of the ITAT order) “..........and finally got bail on 17.02.2017 from Hon’ble Bombay High Court. (Page No.2 of the ITAT order) “........Moreover, we find that the person who is looking after the company Mrs. Renue Sharma was also arrested in 2016 and released on bail on 17.02.2017 by the Bombay High Court (Page No.3 of the ITAT order)” 3. The Ld. AR has emphatically submitted that the Hon’ble Tribunal has referred to Mrs. Renu Sharma was running the company, whereas Mrs. Renu Sharma was only the Director and she was never involved with working of the company and her husband Mr Manoj Kumar Sharma Promoter/Director of the Company was passed away in the year 2014. She was impleaded in the court cases before the Special Judge for MPID cases at Session Court, Mumbai. When the query was raised to Ld. AR to explain the reasons for change/rectification of 3. Seven Rings Education Pvt. Ltd. vs. ITO facts in the order. The Ld.AR submitted that the rectification of facts needed for other cases which are pending before the higher forums. We are not convinced with the submissions and the Ld.AR has not submitted any material information contrary to the facts recorded on the running of the company. We find the provisions of section 254(2) of the Act are envisaged for rectification of mistake apparent from the record but not to review the order. Further, if the submissions of the Ld.AR are accepted, it amount to review of the order, which is not within the purview of Section 254(2) of the Act and we do not find merits in the submissions of the Ld.AR on this disputed issue. 4. On the second issue, the Ld.AR submitted that the Honble Tribunal has observed that Mrs. Renue Sharma got the bail on 17/02/2017 from Hon’ble Bombay High Court . The Ld.AR mentioned that she got the bail from the Sessions Court and prayed for substitution of the facts and the demonstrated page 2 Para 2, 15th line of the ITAT order. “Finally got bail on 17.02.2017 from the Hon’ble Bombay High Court” 5. We find the Ld. AR has supported the submissions with the supplementary submissions Paper book filed in the appeal hearing proceedings in particular at page 47, the order of the Bombay City Court &Sessions Court Mumbai was filed. The fact of bail from the session court was demonstrated by the Ld.AR. We are convinced with the submissions of the Ld.AR duly supported with the sessions court order where Ms. Renu Sharma was 4. Seven Rings Education Pvt. Ltd. vs. ITO released on bail. Accordingly, we modify the observations of the Hon’ble Tribunal as under: “finally got bail on 17.02.2017 from the Sessions Court.” Hence, we partly allow the Miscellaneous . Application of the assessee. 6. In the result, the Miscellaneous Application filed by the Assessee is partly allowed. Order pronounced in the open court on 06.07.2022 Sd/- Sd/- ( OM PRAKASH KANT) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai, Dated 06.07.2022 PK, Sps /Copy of the Order forwarded to : 1. / The Appellant 2. / The Respondent. 3. आ आ / The CIT(A) 4. आ आ ( ) / Concerned CIT 5. ! !" , आ $ %, हमद द / DR, ITAT, Mumbai 6. () * + / Guard file. ान ु सार/ BY ORDER, ! //True Copy// 1. (Asst. Registrar) ITAT, Mumbai