ACIT 3(3)(1), MUMBAI V. SATYA SECURITIES LTD, MUMBAI

MA 255/MUM/2019

• Counselvise Citation: [2019] 111 COUNSELVISE.COM (IT) 4844 (ITAT-MUMBAI)
• Duration Of Justice: 1 month(s) 28 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-06-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2009-2010
• Appeal Filed On: 09-04-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JOTHI LAKSHMI NATHAK
• Keywords: Opportunity of being heard; Tax effect; Condonation of delay
• Section: 254(2)

Judgement Text

G IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI , . BEFORE SRI MAHAVIR SINGH, JM AND SRI G MANJUNATHA, AM . / MA NO. 255 / MUM/ 2019 ( ARISING IN ITA NO. 6672/MUM/2016 A.Y: 2009 - 10 ) THE DY. COMMISSIONER OF INCOME TAX - CIRCLE 3(3)(1), ROOM NO. 609, 6 TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI - 400 020 VS. M/S SATYA SECURITIES LTD. 1009, MAKER CHAMBER - V, 10 TH FLOOR, NARIMAN POINT, MUMBAI - 400 021 ( APILAAQAI - / APPELLANT) .. ( P`%YAQAAI - / RESPONDENT) . / PAN NO. AAECS 9414 M / APPELLANT BY : MS. JOTHI LAKSHMI NATHAK, DR / RESPONDENT BY : SHRI GAURAV BANSAL, AR / DATE OF HEARING: 07.06.2019 / DATE OF PRONOUNCEMENT : 07.06.2019 AADOSA / O R D E R , / PER MAHAVIR SINGH, JM : BY WAY OF THIS MISC. APPLICATION THE REVENUE HAS REQUESTED FOR RECALLING OF THE ORDER OF TRIBUNAL PASSED IN ITA NO. 6672/MUM/2016 VIDE ORDER DATED 03.08.2018, WH EREBY THE APPEAL OF REVENUE WAS DISMISSED ON ACCOUNT OF LOW TAX EFFECT INVOLVED AS PER CBDT CIRCULAR NO. 3 OF 2018 DATED 11.07.2018. 2 MA NO. 255/MUM/2019 2. IT WAS CONTENDED FIRST OF ALL THAT THIS MISC. APPLICATION IS DELAYED BY 40 DAYS. THE REVENUE HAS REQUESTED FOR CONDONATION OF DELAY VIDE PARA 3 OF MISC. APPLICATION READ AS UNDER: - 3. AS THE DATE OF HONBLE ITAT ORDER IS 03.08.2018, THE MISCELLANEOUS APPLICATION IS TO BE FILED BEFORE THE HONBLE ITAT, MUMBAI ON OR BEFORE 28.02.2019. HOWEVER, THE HONBLE ITAT ORDER DATED 03.0 8.2018 IN ITA NO. 6672/MUM/2016 AS RECEIVED IN THE OFFICE OF THE PRINCIPAL COMMISSIONER OF INCOME TAX - 3, MUMBAI ON 03.12.2018 AND THE LAST DATE FOR FILING OF APPEAL BEFORE THE HONBLE BOMBAY HIGH COURT WAS 09.042019. THE DECISION TO FILE APPEAL BEFORE THE HONBLE BOMBAY HIGH COURT AND MISCELLANEOUS APPLICATION BEFORE THE ITAT TOOK A CONSIDERABLE AMOUNT OF TIME. THEREFORE, THERE IS A DELAY OF 40 DAYS AS ON 09.04.2019 IN FILING THIS MISCELLANEOUS APPLICATION. I DEEPLY REGRET THE INCONVENIENCE CAUSED TO THIS H ONBLE BENCH ON ACCOUNT OF THE FAILURE OF THE APPELLANT/ REVENUE TO FILE THE MISCELLANEOUS APPLICATION WITHIN THE STIPULATED PERIOD AND PRAY THAT THE DELAY IN FILING THIS MISCELLANEOUS APPLICATION BE CONDONED. 3. THE LEARNED COUNSEL FOR THE ASSESSEE OPPOSED THE CONDONATION OF DELAY AS THERE IS NO PROVISION IN SECTION 254(2) OF THE ACT FOR CONDONATION OF DELAY. THE LEARNED CIT SENIOR DEPARTMENTAL REPRESENTATIVE, COULD NOT CONTROVERT THE ARGUMENT OF THE LEARNED COUNSEL. 3 MA NO. 255/MUM/2019 4. AFTER HEARING BOTH THE SIDES AND GOING TH ROUGH THE PROVISIONS OF SECTION 254(2) OF THE ACT, WHEREIN THE TIME LIMIT FOR FILING OF MISC. APPLICATION IS PRESCRIBED AS 6 MONTHS FROM THE END OF THE MONTH IN WHICH THE ORDER IS PASSED AND THERE IS NO PROVISION FOR CONDONATION OF DELAY. THE RELEVANT CLAU SE 254(2) AS UNDER: - 254. (1) ******** . (1A) [***] (2) THE APPELLATE TRIBUNAL MAY, AT ANY TIME WITHIN SIX MONTHS FROM THE END OF THE MONTH IN WHICH THE ORDER WAS PASSED, WITH A VIEW TO RECTIFYING ANY MISTAKE APPARENT FROM THE RECORD, AMEND ANY ORDER PASSE D BY IT UNDER SUB - SECTION (1), AND SHALL MAKE SUCH AMENDMENT IF THE MISTAKE IS BROUGHT TO ITS NOTICE BY THE ASSESSEE OR THE ASSESSING OFFICER: PROVIDED THAT AN AMENDMENT WHICH HAS THE EFFECT OF ENHANCING AN ASSESSMENT OR REDUCING A REFUND OR OTHERWISE INCR EASING THE LIABILITY OF THE ASSESSEE, SHALL NOT BE MADE UNDER THIS SUB - SECTION UNLESS THE APPELLATE TRIBUNAL HAS GIVEN NOTICE TO THE ASSESSEE OF ITS INTENTION TO DO SO AND HAS ALLOWED THE ASSESSEE A REASONABLE OPPORTUNITY OF BEING HEARD: PROVIDED FURTHER T HAT ANY APPLICATION FILED BY THE ASSESSEE IN THIS SUB - SECTION ON OR AFTER THE 1ST DAY OF OCTOBER, 1998, SHALL BE ACCOMPANIED BY A FEE OF FIFTY RUPEES. 4 MA NO. 255/MUM/2019 5. IN VIEW OF THE ABOVE CLEAR PROVISIONS, THERE IS NO DISCRETION WITH THE TRIBUNAL TO CONDONE THE DELAY. HE NCE, THIS MISC. APPLICATION BY THE REVENUE IS BARRED BY LIMITATION AND HENCE, DISMISSED. 6. IN THE RESULT, THE MA OF THE REVENUE IS DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON 07 - 06 - 2019 . SD / - SD/ - ( . / G MANJUNATHA) ( /MAHAVIR SINGH) ( / ACCOUNTANT MEMBER) ( / JUDICIAL MEMBER) , / MUMBAI, DATED: 07 - 06 - 2019 . , . / SUDIP SARKAR, SR.PS / COPY OF THE O RDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE. / BY ORDER, //TRUE COPY// / ( ASSTT. REGISTRAR) , / ITAT, MUMBAI