CHETAK CO OP HSG SOCIETY LTD, MUMBAI V. ITO 19(3)(1), MUMBAI

MA 25/MUM/2018

• Counselvise Citation: [2018] 123 COUNSELVISE.COM (IT) 8319 (ITAT-MUMBAI)
• Duration Of Justice: 8 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 03-10-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2006-2007
• Appeal Filed On: 15-01-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: PRAVIN KUMAR BAFNA
• Keywords: Capital asset
• Section: 2(14); 133(6)

Judgement Text

1 C IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, MUMBAI BEFORE SHRI MAHAVIR SINGH, JUDICIAL MEMBER AND SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER MA NO. 25/MUM/2018 ARISING OUT OF ITA NO. 4363/MUM/2015 ASSESSMENT YEAR 2006 - 07 CHETAK CO - OPERATIVE HOUSING SOCIETY LIMITED MANJU MAHAL 35, PALLI HILL, BANDRA WEST MUMBAI - 400050 PAN AAAAC0996J V. ITO - 19(3)(1) PIRAMAL CHAMBERS LALBAUG, PAREL MUMBAI - 400012 APPLICANT RESPONDENT APPLICANT BY SHRI PRAVIN KUMAR BAFNA RESPONDENT BY SHRI MANOJ KUMAR DATE OF HEARING : 2 4 - 08 - 2018 DATE OF PRONOUNCEMENT : 0 3 - 10 - 2018 ORDER PER RAMIT KOCHAR, ACCOUNTANT MEMBER THE ASSESSEE HAS FILED THIS MISCELLANEOUS APPLICATION BEING MA NO. 25/MUM/2018 ARISING OUT OF APPEAL IN ITA N O . 4363/MUM/2015 SEEKING RECTIFICATION OF AN ORDER PASSED BY INCOME - TAX APPELLATE TRIBUNAL, C - BENCH, MUMBAI (HEREINAFTER CALLED THE TRIBUNAL ) IN ITA NO. 4363/MUM/2015 VIDE ORDER S DATED 12.07.2017 FOR ASSESSMENT YEAR 2006 - 07 AS IT IS MADE OUT IN THIS MA THAT AFORESAID ORDER OF THE TRIBUNAL IN PAGE NUMBER 20 CARRIES A MISTAKE APPARENT FROM RECORD WHEREIN TRIBUNAL ERRONEOUSLY HELD THAT M/S POONAM HOUSING AND FINANCE PRIVATE LIMITED AND M/S NATIONAL GENERAL AGENCIES PRIVATE LIMITED WERE NOT MEMBERS OF THE APPELLATE ASSESSEE WHICH RESULTED IN BRINGING TO TAX INCOME OF RS. 40 LACS IN THE HANDS OF THE ASSESSEE. THE TRIBUNAL WHILE PASSING OR DERS DATED 12 - 07 - 2017 HAS GIVEN FINDING OF FACT BASED ON MATERIAL ON RECORD THAT THESE TWO PERSONS NAMELY THAT M/S POONAM HOUSING AND FINANCE PRIVATE LIMITED AND M/S NATIONAL GENERAL AGENCIES PRIVATE LIMITED HAD CEASED TO BE MEMBERS OF THE ASSESSEE SOCIET Y , BY HOLDING AS UNDER: MA NO. 25/MUM/2018 ARISING OUT OF ITA NO. 4363/MUM/2015 2 9.............. PERUSAL OF THE VARIOUS CLAUSES OF THE REGISTERED AGREEMENT DATED 31 - 12 - 2005 ENTERED INTO BY AND BETWEEN ASSESSEE, SANDHU BUILDERS , NATIONAL GENERAL AGENCIES PRIVATE LIMITED, POONAM HOUSING AND FINANCE PRIVATE LIMIT ED AND ORS. , WILL REVEAL THAT THE ASSESSEE UNDER DEED OF CONVEYANCE DATED 31 - 07 - 1972 AGREED TO GRANT LEASE TO NATIONAL GENERAL AGENCIES PRIVATE LIMITED IN RESPECT OF PORTION OF THE SAID PROPERTY ADMEASURING 4422.22 SQUARE YARDS EQUIVALENT TO 3697 SQUARE M ETERS ALONG WITH BUNGALOW THEN STANDING THEREON FOR A PERIOD OF 98 YEARS WITH AN OPTION TO RENEW THE SAME FOR A FURTHER PERIOD OF 98 YEARS AFTER EXPIRY OF PERIOD OF 98 YEARS. THE ASSESSEE VIDE INDENTURE OF LEASE DATED 19 - 02 - 1974 GRANTED AFORE STATED LEASE TO NATIONAL GENERAL AGENCIES PRIVATE LIMITED . THE ASSESSEE VIDE AN AGREEMENT DATED 04 - 11 - 1975 ADMITTED THE POONAM HOTELS PRIVATE LIMITED AS ITS MEMBER AND ALLOTTED A NEW BUNGALOW UNDER CONSTRUCTION AND THE LAND APPURTENANT THERETO ADMEASURING 3237 SQUARE YARDS EQUIVALENT TO 2707 SQUARE METERS . THE INDENTURE OF LEASE WAS EXECUTED BY THE ASSESSEE IN FAVOUR OF POONAM HOTELS LIMITED FOR A PERIOD OF 98 YEARS WITH AN RIGHT TO RENEW FOR A FURTHER PERIOD OF 98 YEARS . THERE WAS ALSO SUPPLEMENTARY AGREEMENT DATED 24 - 12 - 1975 WHEREIN THE ASSESSEE ON THE REQUEST OF POONAM HOTELS LIMITED AGREED TO ADMIT ANOTHER COMPANY INDO FRENCH TIME INDUSTRIES PRIVATE LIMITED AS ITS MEMBERS. THUS, IN NUT - SHELL RIGHTS,TITLE AND INTERESTS WERE CREATED IN THE AFORESAID PROPERTY OF THE ASSESSEE IN FAVOUR OF NATIONAL GENERAL AGENCIES PRIVATE LIMITED AND POONAM HOTELS PRIVATE LIMITED WHICH FROM TIME TO TIME UNDERWENT MODIFICATIONS ETC WHICH ARE DETAILED IN THE SAID REGISTERED AGREEMENT DATED 31 - 12 - 2005, WHICH IS PLACED IN PAPER BOOK/PAGE 1 - 81 . THE SAID PARTIES NATIONAL GENERAL AGENCIES PRIVATE LIMITED AND POONAM HOTELS LIMITED AND INDO FRENCH TIME INDUSTRIES LIMITED WANTED BIFURCATION OF THE SOCIETY AND PROPERTY OF THE ASSESSEE SOCIETY AND APPROACHED REGISTRAR FOR BIFURCATION . THE ASSIS TANT REGISTRAR FOR CO - OPERATIVE SOCIETIES VIDE ORDERS DATED 27 - 03 - 1992 ORDERED FOR BIFURCATION OF THE SOCIETY I.E. ONE OF THE OCCUPANTS OF THE STRUCTURE KNOWN AS MANJU MAHAL AND TEJAL BUNGALOW TO BE NAMED AS MANJU MAHAL CHETAK CO - OPERATIVE HOUSING SOC IETY LIMITED AND THE REST OF THE MEMBERS WHO ARE THE OWNERS OF THE ROW HOUSE AND 3 SHOPS AND THE BUNGALOWS NAMELY THE LESSEES HEREIN NAMELY POONAM HOUSING AND FINANCE PRIVATE LIMITED, NATIONAL GENERAL AGENCIES PRIVATE LIMITED AND INDO FRENCH TIME INDUSTRI ES LIMITED NAMED AS ROW HOUSES CHETAK CO - OPERATIVE HOUSING SOCIETY LIMITED. THE ASSESSEE PREFERRED AN APPEAL BEFORE JOINT DIVISIONAL REGISTRAR WHICH DISMISSED THE APPEAL OF THE ASSESSEE AND CONFIRMED THE ORDERS OF THE ASSISTANT REGISTRAR. THE ASSESSEE PREFERRED SECOND APPEAL WITH HONBLE MINISTER, CO - OP. DEPARTMENT, STATE OF MAHARASHTRA WHICH WAS PENDING FOR HEARING AND DISPOSAL. THE ASSESSEE ENTERED INTO AN AGREEMENT FOR PERMITTING TO LOAD TDR/FSI ON 31 - 12 - 2005 BETWEEN ASSESSEE, 106 FLAT OWNERS, 9 ROW HOUSES/SHOP OWNERS, KANTI V SHAH AND SUNITA KANTI SHAH, OWNER OF LEASEHOLD BUNGALOW, NATIONAL GENERAL AGENCIES PRIVATE LIMITED (1 ST LESSEE) & POONAM HOUSING & FINANCE PRIVATE LIMITED( 2 ND LESSEE) AND DILERSINGH ESTATE PRIVATE LIMITED AND SANDHU BUILDERS AN D IT WAS AGREED THAT OWNERSHIP OF THE ENTIRE LAND SHALL CONTINUE TO BE VESTED IN THE ASSESSEE AND NEITHER PARTY SHALL INSIST FOR SUB - DIVISION OF LAND. WITH RESPECT TO THE OTHER PAYMENT OF RS. 40 LACS RECEIVED BY THE ASSESSEE, THE DETAILS OF WHICH ARE AS U NDER: - DATE RECEIVED ON BEHALF OF AMOUNT (RS) NATURE OF PAYMENT 11.08.2006 NATIONAL GENERAL AGENCIES PRIVATE LIMITED 5,00,000 TO BE KEPT IN FIXED DEPOSIT AND ENJOY INTEREST IN LIEU OF THE MA NO. 25/MUM/2018 ARISING OUT OF ITA NO. 4363/MUM/2015 3 LEASE RENT 05.02.2007 POONAM HOUSING FINANCE PRIVATE LIMITED 3,00,000 TO BE KEPT IN FIXED DEPOSIT AND ENJOY INTEREST IN LIEU OF THE LEASE RENT 11.08.2006 NATIONAL GENERAL AGENCIES PRIVATE LIMITED 21,00,000 DONATION AND BETTERMENT CHARGES 05.02.2007 POONAM HOUSING FINANCE PRIVATE LIMITED 11,00,000 DONATION AND BETTERMENT CHARGES THE SAID AMOUNT OF RS 40 LACS WAS RECEIVED FROM SANDHU BUILDER ON BEHALF OF M/S NATIONAL GENERAL AGENCIES P. LTD. AND POONAM HOUSING & FINANCE PVT. LTD. AS AFFIRMED BY MR KANWARJEET SINGH SANDHU ON BEHALF OF SANDHU BUILDERS IN THE SUIT NO 109 OF 2013 OF HONBLE BOMBAY HIGH COURT. THE SAID SUIT WAS FILED BY THE ASSESSEE FOR THE VARIOUS IRREGULARITIES COMMITTED BY SANDHU BUILDERS. THESE PAYMENTS WERE DONATIONS FROM SANDHU BUILDERS ON BEHALF OF NATIONAL GENERAL AGENCIES PRIVATE LIMITED AND POONAM HOUSING & FINANCE PRIVATE LIMITED WHO WERE NOT MEMBERS OF THE SOCIETY AS THEY HAVE NOW CONSTITUTED THEMSELVES ON BIFURCATION INTO A NEW SOCIETY NAMELY ROW HOUSES CHETAK CO - OPERATIVE HOUSING SOCIETY LIMITED AND HENCE THEY WERE NOT MEMBERS OF THE ASSESSEE SOCIETY. M/S NATIONAL GENERAL AGENCIES P. LTD. AND POONAM HOUSING & FINANCE PVT. LTD., HAD ALSO DENIED TO BE MEMBER OF THE ASSESSEE SOCIETY AND ALSO DENIED THAT THE SAID PAYMENTS WERE MADE IN THEIR CAPACITY AS MEMBERS OF THE ASSESSEE SOCIETY, IN RESPONSE TO THE NOTICE ISSUED TO THEM BY THE AO U/S 133(6) OF THE ACT . THESE TWO PARTIES ALSO DID NOT HAD THE RIGHT TO GET ENTITLEMENT OF TDR/FSI IN TERMS OF ORIGINAL LEASE GRANTED BY THE ASSESSEE IN THEIR FAVOUR IN THE YEARS 1972 - 1974 , WHILE VIDE AG REEMENT DATED 31 - 12 - 2005 NOW ENTERED BY THE ASSESSEE WITH SANDHU BUILDER AS WELL THESE TWO PARTIES NAMELY NATIONAL GENERAL AGENCIES PRIVATE LIMITED AND POONAM HOUSING AND FINANCE PRIVATE LIMITED, THE RIGHTS WERE CREATED IN THEIR FAVOUR TO GET ENTITLEMENT O F TDR/FSI AS WELL FUTURE ENTITLEMENT OF TDR/FSI. THE SAID BUILDER SANDHU BUILDER IS ALSO NOT MEMBER OF THE ASSESSEE SOCIETY AND CONTRIBUTION OF RS 40 LACS WAS MADE BY SANDHU BUILDER FOR GRANTING RIGHTS/NOC IN THEIR FAVOUR FOR ENTITLEMENT OF ADDITIONAL TD R/FSI WHICH ARE AVAILABLE IN RATIO OF 1:1 AS PER D C REGULATIONS ,1991 IN FAVOUR OF NATIONAL GENERAL AGENCIES PRIVATE LIMITED AND POONAM HOUSING AND FINANCE PRIVATE LIMITED AS WELL ENTITLEMENT FOR FUTURE ENTITLEMENT OF TDR/FSI IN FAVOUR OF THESE TWO PARTIE S NAMELY NATIONAL GENERAL AGENCIES PRIVATE LIMITED AND POONAM HOUSING AND FINANCE PRIVATE LIMITED . IT IS PERTINENT TO MENTION THAT SANDHU BUILDER MADE DIRECT PAYMENTS TO POONAM HOTELS LIMITED AND NATIONAL GENERAL AGENCIES PRIVATE LIMITED FOR TRANSFERRING TDR/FSI IN THEIR FAVOUR , WHILE THIS PAYMENT OF RS 40 LACS IS BEING MADE TO ASSESSEE TOWARDS DONATIONS AND BETTERMENT CHARGES AS WELL DEPOSITS WHEREIN INTEREST WILL BE APPROPRIATED TOWARDS LEASE RENT. THUS, THE PAYMENTS OF RS 40 LASC MADE BY SANDHU BUILDE RS ON BEHALF OF POONAM HOUSING AND FINANCE PRIVATE LIMITED AND NATIONAL GENERAL AGENCIES PRIVATE LIMITED WHO ARE NOT MEMBERS OF THE ASSESSEE ARE IN THE NATURE OF COMPENSATION WHICH HAS BEEN PAID FOR SEEKING THE RELEASE OF RIGHTS IN THE PROPERTY HELD BY THE ASSESSEE TOWARDS TDR/FSI ENTITLEMENT BOTH PRESENT AND FUTURE WHICH IS PERTAINING TO THE PROPERTY HELD UNDER LEASE BY POONAM HOUSING AND FINANCE PRIVATE LIMITED AND NATIONAL GENERAL AGENCIES PRIVATE LIMITED AND ALSO FOR GRANTING NOC FOR TRANSFER OF MA NO. 25/MUM/2018 ARISING OUT OF ITA NO. 4363/MUM/2015 4 TDR/FSI , HENCE, THEY ARE THE INCOME IN THE HANDS OF THE ASSESSEE FOR TRANSFER OF CAPITAL ASSET BEING RIGHT /TITLE/ INTEREST IN THE PROPERTY LEASED TO POONAM HOUSING AND FINANCE PRIVATE LIMITED AND NATIONAL GENERAL AGENCIES PRIVATE LIMITED OUT OF BUNDLE OF RIGHTS W.R.T. SAID PROPERTY WHICH CONTINUED TO BE HELD BY THE ASSESSEE SOCIETY AND WHICH GOT TRANSFERRED VIDE AGREEMENT DATED 31 - 12 - 2005 BEING RIGHTS IN TDR/FSI W.R.T. LEASED PROPERTY TO THESE TWO PARTIES NAMELY POONAM HOUSING AND FINANCE PRIVATE LIMITED AND NATI ONAL GENERAL AGENCIES PRIVATE LIMITED WHICH HAS TO BE BROUGHT TO TAX AND WE DO NOT FIND ANY INFIRMITY IN THE ORDERS OF THE LEARNED CIT(A) WHICH WE ARE NOT INCLINED TO INTERFERE SO FAR AS TAXABILITY OF RS 40 LACS IN THE HANDS OF THE ASSESSEE IS CONCERNED W HICH IS UPHELD BY US TO BE TAXABLE IN THE HANDS OF THE SOCIETY. CAPITAL ASSET IS DEFINED IN ITS WIDEST TERMS UNDER THE PROVISIONS OF SECTION 2(14) OF THE 1961 ACT TO BE PROPERTY OF ANY KIND HELD BY THE ASSESSEE WHETHER OR NOT CONNECTED WITH THE BUSINESS OF THE ASSESSEE AND THEREAFTER CERTAIN EXCLUSIONS ARE PROVIDED. WE HAVE NO HESITATION IN CONFIRMING THE APPELLATE ORDER OF THE LEARNED CIT(A) UPHOLDING THE ADDITIONS AS MADE BY THE AO WHICH WE AFFIRM/CONFIRM. THUS, THE ASSESSEE FAILS ON THIS GROUND. WE ORDER ACCORDINGLY. WHEN DURING THE COURSE OF HEARING , IT WAS POINTED OUT TO LEARNED COUNSEL FOR THE ASSESSEE THAT THE TRIBUNAL ARRIVED AT THE ABOVE FINDING OF THE FACT BASED ON DETAILED ANALYSIS OF MATERIAL ON RECORD AND ALSO BOTH M/S POONAM HOUSING AND FINANCE PRIVATE LIMITED AND M/S NATIONAL GENERAL AGENCIES PRIVATE LIMITED DENIED TO BE MEMBERS OF THE ASSESSEE SOCIETY IN RESPONSE TO NOTICE U/S 133(6) OF THE 1961 ACT ISSUED BY THE AO , IT WAS POINTED OUT BY LEARNED COUNSEL F OR THE ASSESSEE THA T THERE IS HONBLE BOMBAY HIGH COURT ORDER DATED 22 - 09 - 2016 PASSED IN ACCORDANCE WITH CONSENT TERMS IN WRIT PETITION CASE NUMBER CIVIL W.P. (STAMP) NO. 1416/2006 ( W.P. NO. 373/06) WHICH IN THE OPINION OF LEARNED COUNSEL FOR THE ASSESSEE HAS IN ACCORDANC E WITH CONSENT TERMS HELD THAT M/S POONAM HOUSING AND FINANCE PRIVATE LIMITED AND M/S NATIONAL GENERAL AGENCIES PRIVATE LIMITED WERE MEMBERS OF THE ASSESSEE , BUT IT WAS CONCEDED BY LEARNED COUNSEL FOR THE ASSESSEE THAT THE ASSESSEE DID NOT BROUGHT THE SAI D ORDER OF HONBLE BOMBAY HIGH COURT TO THE NOTICE OF THE BENCH . WHEN ASKED HOW UNDER THE FACTS AND CIRCUMSTANCED BEFORE THE BENCH CAN CONSTITUTE MISTAKE APPARENT FROM RECORD WITHIN LIMITED MANDATE OF SECTION 254(2) OF THE 1961 ACT WHEN THE SAID ORDER OF HONBLE BOMBAY HIGH COURT WAS NEVER BROUGHT TO THE NOTICE OF THE BENCH AT ALL DURING THE COURSE OF HEARING WHEN THE APPEAL WAS HEARD ON 18 - 04 - 2017 , THE LEARNED COUNSEL CONCEDED MISTAKE ON THE PART OF THE MA NO. 25/MUM/2018 ARISING OUT OF ITA NO. 4363/MUM/2015 5 ASSESSEE IN NOT BRINING THE SAID ORDER OF HONB LE BOMBAY HIGH COURT TO THE NOTICE OF THE BENCH. THE LEARNED COUNSEL FOR THE ASSESSEE ALSO BROUGHT TO THE NOTICE OF THE BENCH DECISION OF HONBLE SUPREME COURT IN THE CASE OF ITO V. VENKATESH PREMISES CO - OPERATIVE SOCIETY LIMITED IN CIVIL APPEAL NO. 2706 OF 2018 ARISING OUT OF SLP(C) NOS. 30194/2010 WHICH JUDGMENT OF HONBLE SUPREME COURT CONCERNS ITSELF WITH DOCTRINE OF MUTUALITY . THE LEARNED DR STRONGLY OBJECTED TO THE PLEADINGS OF THE LEARNED COUNSEL FOR THE ASSESSEE AND SUBMITTED THAT WELL REASONED O RDER WAS PASSED BY TRIBUNAL AFTER DETAILED ANALYSIS OF THE MATERIAL ON RECORD. IT WAS SUBMITTED BY LEARNED DR THAT THERE IS NO MISTAKE APPARENT FROM RECORD WHICH CAN BE RECTIFIED WITHIN LIMITED MANDATE OF SECTION 254(2) OF THE 1961 ACT. IT WAS SUBMITTED TH AT IT IS THE FAULT OF THE ASSESSEE IN NOT BRINGING ON RECORD THE SAID ORDER OF HONBLE BOMBAY HIGH COURT TO THE FILE OF THE TRIBUNAL AND IN ANY CASE THE SAID ORDER HAS NO BEARING ON THE CONCLUSION ARRIVED BY THE TRIBUNAL . WE HAVE CAREFULLY GONE THROUGH THE ORDER PASSED BY TRIBUNAL DATED 12 - 07 - 2017 AS WELL ENTIRE MATERIAL ON RECORD INCLUDING SUBMISSIONS MADE BEFORE US . THE TRIBUNAL HAS PASSED A DETAILED ORDER DATED 12 - 07 - 2017 WHEREIN ALL CONTENTIONS AND MATERIAL ON RECORD W ERE CONSIDERED BY TRIBUNAL . THERE WERE TWO ISSUES BEFORE THE TRIBUNAL FIRSTLY PAYMENTS OF RS. 8.10 CRORES MADE BY SANDHU BUILDERS DIRECTLY TO MEMBERS FOR PURCHASE OF TDR/FSI AND THE CAPITAL GAINS ARISING THERE - FROM WERE HELD TO BE CHARGEABLE TO INCOME - TAX IN THE HANDS OF THE MEMBERS AND NOT THE ASSESSEE SOCIETY. THE SAID BUILDER NAMELY SANDHU BUILDER DIRECTLY MADE PAYMENTS TO VARIOUS MEMBERS OF THE SOCIETY WHILE ACQUIRING TDR/FSI. THE CONTROVERSY IS WITH RESPECT TO PAYMENTS MADE BY SANDHU BUILDER OF RS. 40 LACS TO ASSESSEE SOCIETY ON BEHALF OF THESE TWO PARTIES NAMELY THAT M/S POONAM HOUSING AND FINANCE PRIVATE LIMITED AND M/S NATIONAL GENERAL AGENCIES PRIVATE LIMITED TOWARDS BETTERMENT CHARGES AND DONAT IONS WHICH WERE IN ADDITION TO THE PAYMENTS MADE BY SA NDHU BUILDER TO THESE TWO PARTIES NAMELY THAT M/S POONAM HOUSING AND FINANCE PRIVATE LIMITED AND M/S NATIONAL GENERAL AGENCIES PRIVATE LIMITED FOR ACQUIRING TDR/FSI. IT IS ALSO PERTINENT TO MENTION THAT SANDHU BUILDER IS ALSO NOT MEMBER OF THE ASSESSEE SO CIETY AND THE PROCEEDS MA NO. 25/MUM/2018 ARISING OUT OF ITA NO. 4363/MUM/2015 6 OF THESE DONATIONS/BETTERMENT CHARGES SHALL NOT BE USED FOR THE BENEFIT OF SANDHU BUILDER AND THE NEXUS BETWEEN THE CONTRIBUTOR AND PARTICIPANT IS BROKEN . THUS, IN OUR CONSIDERED VIEW, DETAILED WELL REASONED ORDER AS REPRODUCED ABO VE WAS PASSED BY TRIBUNAL VIDE ORDERS DATED 12 - 07 - 2017 BY BRINGING TO TAX INCOME OF RS. 40 LACS BEING RECEIVED BY ASSESSEE SOCIETY FROM SANDHU BUILDER TOWARDS BETTERMENT CHARGES AND DONATIONS AND WE DONOT FIND ANY REASONS AND JUSTIFICATION TO RECALL THE SA ID ORDER WITHIN LIMITED MANDATE OF SECTION 254(2) OF THE 1961 ACT . THE MA STAND DISMISSED. WE ORDER ACCORDINGLY. 4. THUS, THIS M.A. NO. 2 5 /MUM/201 8 ARISING OUT OF APPEAL IN ITA NO. 4363/MUM/2015 FOR AY 2006 - 07 IS DISMISSED AS INDICATED ABOVE. ORDER PR ONO UNCED IN THE OPEN COURT ON 0 3 .10 .2018 0 3 .10 .2018 S D / - S D / - ( MAHAVIR SINGH ) (RAMIT KOCHAR) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 0 3 .10 .2018 COPY TO NISHANT VERMA SR. PRIVATE SECRETARY 1 . THE APPELLANT 2 . THE RESPONDENT 3 . THE CIT(A) CONCERNED, MUMBAI 4 . THE CIT - CONCERNED, MUMBAI 5 . THE DR BENCH, 6 . MASTER FILE // TUE COPY// BY ORDER DY/ASSTT. REGISTRAR ITAT, MUMBAI