MR.GIRISH H. JAIN, MUMBAI V. ITO WARD-19(1)(3), MUMBAI

MA 268/MUM/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 2025 (ITAT-MUMBAI)
• Duration Of Justice: 1 month(s) 26 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-06-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 11-04-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D G
• Keywords: Bogus purchase; Rectification of order; Principle of natural justice

Judgement Text

T HE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA ( A M) M.A. NO. 268/MUM/2019 ARISING OUT OF I.T.A. NO. 1404 /MUM/ 2018 (ASSESSMENT YEAR 20 09 - 10 ) M.A. NO. 269/MUM/2019 ARISING OUT OF I.T.A. NO. 1405/MUM/2018 (ASSESSMENT YE AR 2010 - 11) SHRI GIRISH H. JAIN (PROP. OF REGENT STEEL & ENGINEERING & CO.) 22, ROOM NO. 2, 2 ND FLOOR 23/25/27, GURUCHCHAYA BUILDING, 1 ST PARDIWALA V.P. ROAD, MUMBAI - 400 004. PAN : ADSPJ992L V S . ITO WARD - 19(1)(3) MATRU MANDIR 2 ND FLOOR ROOM NO. 220 TARD EO ROAD MUMBAI - 400007. ( APPELLANT ) ( RESPONDENT ) ASSESSEE BY SHRI M.S. DINKLE HARIA DEPARTMENT BY SHRI D.G. PANSARI DATE OF HEARING 7.6 . 201 9 DATE OF PRONOUNCEMENT 7 . 6 . 201 9 O R D E R BY WAY OF THESE MISCELLANEOUS APPLICATIONS ASSESS EE SEEKS RECTIFICATION OF MISTAKE S AND RECALL OF THE ORDER OF THIS TRIBUNAL IN ITA NO. 1404 & 1405/MUM/2018 FOR A.Y. 2009 - 10 & 2010 - 11 PASSED THROUGH COMMON ORDER. 2. IN THE SAID ORDER, THE ITAT HAD NOTED THAT LEARNED CIT(A) HAS SUSTAINED 100% DISALLOWAN CE ON ACCOUNT OF BOGUS PURCHASE AND ITAT HAD PROCEEDED TO REDUCE THE SAME TO 12.5%. NOW IT TRANSPIRED THAT IT WAS NOT THE CASE THAT LEARNED CIT(A) HAS SUSTAINED 100% DISALLOWANCE. LEARNED CIT(A) HAS SUSTAINED ONLY 12.5% OF DISALLOWANCE. HENCE IN MY CONSIDE RED OPINION MISTAKES APPARENT FROM RECORD HAVE CREPT IN THE ORDER OF THE TRIBUNAL IN AS MUCH AS THERE IS INCORRECT APPRECIATION OF THE FACT. ACCORDINGLY, IN THE INTEREST OF NATURAL JUSTICE, THESE MISCELLANEOUS APPLICATIONS ARE RECALLED. REGISTRY IS 2 DIRECTE D TO FIX THIS CASE FOR HEARING ON 15.7.2019. BOTH THE PARTIES HAVE TAKEN NOTE OF THE DATE OF HEARING. 3. IN THE RESULT, BOTH MISCELLANEOUS APPLICATIONS STAND ALLOWED AS ABOVE. ORDER HAS BE EN PRONOUNCED IN THE COURT ON 7 . 6 . 201 9 . S D/ - (SH A MIM YAHYA ) ACCOUNTANT MEMBER MUMBAI ; DATED : 7 / 6 / 20 1 9 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. BY ORDER, //TRUE COPY// ( ASSISTANT REGISTRAR ) PS ITAT, MUMBAI