NADIDWALA GRANDSON ENTERTAINMENT PVT. LTD, MUMBAI V. DCIT CC-4 (4) , MUMBAI

MA 247/MUM/2022

AI Insights

The case involves Nadiawala Grandson Entertainment Pvt. Ltd., the appellant, contesting a disallowance of film production related expenses by the DCIT, CC-4(4), the respondent. Initially, the disallowance was recorded at Rs.1,20,13,050, which was later contested by the appellant through a revised ground of appeal stating the correct amount should be Rs.1,42,73,957. The Tribunal acknowledged the clerical error in the recorded amount and corrected it in their order, thus allowing the Miscellaneous Application.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 130286 (ITAT-MUMBAI)
• Duration Of Justice: 3 month(s) 20 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 05-01-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 15-12-2022
• Assessment Year: 2015-2016
• Appeal Filed On: 15-09-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

P a g e | 1 M.A. 247/Mum/2022 Nadiawala Grandson Entertainment Pvt. Ltd. Vs. DCIT, CC-4(4) IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, MUMBAI BEFORE SHRI AMARJIT SINGH, ACCOUNTANT MEMBER & MS. KAVITHA RAJAGOPAL, JUDICIAL MEMBER M.A. No.247/Mum/2022 (Arising out of ITA No.1496/Mum/2021) (A.Y. 2015-16) Nadiadwala Grandson Entertainment Pvt. Ltd. 1701, 17 th Floor, Desai Road, Andheri West, Mumbai – 400 053 Vs. DCIT, CC-4(4) 19 th Floor, Air India Building, Nariman Point, Mumbai - 400021 स्थायी लेखा सं./जीआइआर सं./PAN/GIR No: AACCN0909J Appellant .. Respondent Appellant by : Mani Jain Respondent by : Chetan M. Kacha Date of Hearing 16.12.2022 Date of Pronouncement 06.01.2023 आदेश / O R D E R Per Amarjit Singh (AM): Vide Miscellaneous Application No. 247/Mum/2022 the assesse has submitted that vide ITA No.1496/Mum/2021 for the assessment year 2015-16 on 07.06.2022 the ITAT has adjudicated the ground no. 2 & 3 of the assesse relating to film production expense at para 34 of the order. However, there is a mistake apparent from record as inadvertently in the grounds of appeal disallowance of film production related expenses was mentioned at Rs.1,20,13,050/- as against the amount of disallowance of production related expenses which was revised at Rs.1,42,73,957/-. In this regard, the assesse has also filed the copy of annexure B dated 22.03.2022 wherein the said ground was revised as under: P a g e | 2 M.A. 247/Mum/2022 Nadiawala Grandson Entertainment Pvt. Ltd. Vs. DCIT, CC-4(4) “On the facts and circumstances of the case and in law, Learned CIT(A) erred in confirming the action of Assessing Officer in disallowing sum to the extent of Rs.1,42,73,957/- being film production related expenses, as per the grounds contained in the assessment order or otherwise.” However, at the time of adjudication there was mistake in writing actual disallowance of production related expenses of Rs.1,20,13,050/- as against revised claim of disallowance of production related expenses of Rs.1,42,73,957/-. 2. Heard both the sides and perused the material on record. It is noticed that while adjudicating ground no. 2 & 3 vide ITA No. 1496/Mum/2021 disallowance of film production expenses was taken at Rs.1,20,13,050/- as against actual production related expenses revised on similar facts and circumstances at Rs.1,42,73,957/- as per the revised ground of appeal filed on 22.03.2022. After perusal of the material on record, we consider that there is apparent mistake on record for not considering the production related expenses at Rs.1,42,73,957/- as per the revised ground of appeal of the assesse as inadvertently the amount of disallowance was mentioned at Rs.1,20,13,050/-. Therefore, we correct the mistake that ground of appeal for disallowance of production related expenses be read as Rs.1,42,73,957/- as against Rs.1,20,13,050/-. Therefore, the miscellaneous application of the assesse is allowed. 3. In the result, the Miscellaneous Application filed by the assesse is allowed. Order pronounced in the open court on 06.01.2023 Sd/- Sd/- (Kavitha Rajagopal) (Amarjit Singh) Judicial Member Accountant Member Place: Mumbai Date 06.01.2023 Rohit: PS P a g e | 3 M.A. 247/Mum/2022 Nadiawala Grandson Entertainment Pvt. Ltd. Vs. DCIT, CC-4(4) आदेश की प्रतितिति अग्रेतिि/Copy of the Order forwarded to : 1. अपीलाथी / The Appellant 2. प्रत्यथी / The Respondent. 3. आयकर आयुक्त(अपील) / The CIT(A)- 4. आयकर आयुक्त / CIT 5. विभागीय प्रविविवि, आयकर अपीलीय अविकरण DR, ITAT, Mumbai 6. गार्ड फाईल / Guard file. सत्यावपि प्रवि //True Copy// आदेशानुसार/ BY ORDER, उि/सहायक िंजीकार (Dy./Asstt. Registrar) आयकर अिीिीय अतिकरण/ ITAT, Bench, Mumbai.