ETESH PRAKASH JAIN (HUF), BHIWANDI V. INCOME TAX OFFICER WARD 1(1), KALYAN, KALYAN

MA 261/MUM/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 8539 (ITAT-MUMBAI)
• Duration Of Justice: 8 month(s) 28 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-01-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2010-2011
• Appeal Filed On: 06-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: MAHESH O RAJORA

Judgement Text

P A G E | 1 M.A. NO. 261/MUM/2018 A.Y. 2010 - 11 (ARISING OUT OF ITA NO. 5046/MUM/2016) SHRI ETESH PRAKASH JAIN (HUF) VS. INCOME TAX OFFICER, WARD - 1(1) IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, M UMBAI BEFORE SHRI MANOJ KUMAR AGGARWAL , AM AND SHRI RAVISH SOOD, JM M.A. NO. 261/MUM/2018 (ARISING OUT OF ITA NO. 5046/MUM/2016) ( / ASSESSMENT YEAR:2010 - 11) SHRI ETESH PRAKASH JAIN (HUF) M/S SHREE DARSHAN PIPES, 331/5, SURYA DARSHAN BUILDING KASAR ALI, GOKUL NAGAR, BHIWANDI - 421 302 / VS. INCOME TAX OFFICER, WARD NO.1(1) 1 ST FLOOR, MOHAN PLAZA, WAYALE NAGAR, KALYA N WEST. ./ ./ PAN NO. AAAHE1478G ( / APPLICANT) : ( / RESPONDENT ) / APPLICANT BY : SHRI MAHESH O. RAJORA , A .R / RESPONDENT BY : SHRI ASHISH KUMAR, D.R / DATE OF HEARING : 04.01 .201 9 / DATE OF PRONOUNCEMENT : 04. 01. 201 9 / O R D E R PER RAVISH SOOD, JUDICIAL MEMBER: THE PRESENT MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE ON 06.04.2018 ARISES FROM THE ORDER PASSED BY THE TRIBUNAL IN THE CASE OF SHRI ETESH PRAKASH JAIN (HUF) VS. ITO, WARD NO. 1(1), KALYAN WEST, ITA NO. 5046/MUM/2016, DATED 10.11.2017. 2. IN THE COURSE OF HEARING OF THE APPLI CATION , IT WAS SUBMITTED BY THE LD. AUTHORIZED REPRESENTATIVE (FOR SHORT A.R) FOR THE ASSESSEE APPLICANT THAT THE P A G E | 2 M.A. NO. 261/MUM/2018 A.Y. 2010 - 11 (ARISING OUT OF ITA NO. 5046/MUM/2016) SHRI ETESH PRAKASH JAIN (HUF) VS. INCOME TAX OFFICER, WARD - 1(1) TRIBUNAL HAD PARTLY ALLOW ED THE APPEAL FILED BY THE ASSESSEE AND HAD RESTRICTED THE ADDITION/DISALLOWANCE IN RESPECT OF UNPROVED PURCHASE S T O 10% OF ITS AGGREGATE VALUE. IT WAS SUBMITTED BY THE LD. A.R THAT THOUGH THE APPEAL OF THE ASSESSEE WAS PARTLY ALLOWED, HOWEVER INADVERTENTLY THE TRIBUNAL HAD STATED AT PARA 11 AND AT PARA 18 OF ITS ORDER THAT THE APPEAL OF THE ASSESSEE IS DI S MISSED . IT W AS SUBMITTED BY THE LD. A.R THAT AS THE SAID MISTAKE WAS APPARENT FROM RECORD , THUS THE SAME MAY BE RECTIFIED. 3. WE HAVE HEARD THE LD. A.R AND ARE PERSUADED TO SUBSCRIBE TO HIS AFORESAID CONTENTIONS . WE FIND THAT THOUGH THE AFOREMENTIONED APPEAL OF THE A SSESSEE WAS PARTLY ALLOWED BY THE TRIBUNAL, HOWEVER , INADVERTENTLY IT WAS STATED AT PARA 11 AND PARA 18 OF THE ORDER THAT THE APPEAL OF THE ASSESSEE HAD BEEN DISMISSED. WE THUS RECTIFY THE AFOREMENTIONED MISTAKE AND MODIFY PARA 11 AND PARA 18 OF THE ORDER PASSED BY THE TRIBUNAL UNDER SEC.254(1), WHICH SHALL HEREINAFTER BE READ AS UNDER: 11. WE THUS IN THE BACKDROP OF OUR AFORESAID OBSERVATIONS PARTLY ALLOW THE APPEAL OF THE ASSESSEE AND DISMISS THE APPEAL FILED BY THE REVENUE FOR A.Y. 2010 - 1 1. 18. THAT THE APPEAL OF THE ASSESSEE FOR A.Y. 2010 - 11 AND A.Y. 2011 - 12, MARKED AS ITA NO. 5046/MUM/2016 AND ITA NO. 5047/MUM/2016 ARE PARTLY ALLOWED, AND THE APPEALS FILED BY THE REVENUE I.E. ITA NO. 5358/MUM/2016 AND 5359/MUM/2016 ARE DISMISSED IN T ERMS OF OUR AFORESAID OBSERVATIONS. 4. THE APPLICATION FILED BY THE ASSESSEE UNDER SEC.254(2) OF THE INCOME TAX ACT, 1961 IS ALLOWED IN TERMS OF OUR AFORESAID OBSERVATIONS. ORDER PRO NOUNCED IN THE OPEN COURT ON 04 .01.2019 SD/ - SD/ - ( MANOJ KUMAR AGGARWAL ) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; 04 .01.2019 PS. ROHIT P A G E | 3 M.A. NO. 261/MUM/2018 A.Y. 2010 - 11 (ARISING OUT OF ITA NO. 5046/MUM/2016) SHRI ETESH PRAKASH JAIN (HUF) VS. INCOME TAX OFFICER, WARD - 1(1) / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE . //TRUE COPY// / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI