PRADMAN TRADING COMPANY PRIVATE LIMITED , MUMBAI V. ASSISTANT COMMISSIONER OF INCOME TAX 3(2)(2), MUMBAI

MA 278/MUM/2018

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 8923 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 05-10-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 16-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MANISH KUMAR SINGH
• Keywords: Rectification of order

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, AM M .A. NO. 278/MUM/2018 (ARISING OUT OF ITA NO. 3350/MUM/2017) ( ASSESSMENT YEAR: 2012 - 13 ) M/S. PRADMAN TRADING COMPANY PVT. LTD. 212, PUSHPA VIHAR, OPP. COLABA POST O FFICE, COLABA, MUMBAI - 400 005 VS. ASST. CIT - 3(2)(2), MUMBAI PAN/GIR NO. AAACP 5815 B ( APPELLANT ) : ( RESPONDENT ) APPELLANT BY : SHRI NITESH JOSHI RESPONDENT BY : SHRI MANISH KUMAR SINGH DATE OF HEARING : 05.10.2018 DATE OF PRONOUNCEMENT : 05.10 .2018 O R D E R PER S HAMIM YAHYA, A. M.: BY WAY OF THIS MISCELLANEOUS APPLICATION , THE ASSESSEE SEEKS RECTIFICATION OF MISTAKE APPARENT FROM RECORD IN THE ORDER OF THIS TRIBUNAL IN ITA NO. 3350/MUM/2017 VIDE ORDER DATED 01.01.2018. 2. I HAVE HEARD BOTH THE COUNS EL AND PERUSED THE RECORDS. THE L EARNED COUNSEL OF THE ASSESSEE SUBMITTED T HAT ASSESSEE HAS REFERRED TO A DECISION OF HON'BLE BOMBAY HIGH COURT IN THE CASE OF CIT VS. M/S. S URGE ENTERPRISES LTD. (IN ITA NO. 1316 OF 2011 VIDE ORDER DATED 14.08.2014) WHICH WAS RELEVANT TO THE SUBJECT MATTER OF APPEAL AND THE ITAT ORDER IN THE SAID CASE WAS FOLLOWED BY THE LD CIT - A. HENCE , THE LD. COUNSEL OF THE ASSESSEE SUBMITTED THAT SINCE THE ITAT HAS NOT FOLLOWED THE HON'BLE BOMBAY HIGH COURT DECISION , THERE IS A MISTAKE APPARENT FROM RECORD IN THE ORDER OF TRIBUNAL. 3. UPON CAREFUL CONSIDERATION I FIND THAT THE HONBLE APEX COURT IN THE CASE OF ASST. CIT VS. SAURASHTRA KUT C H STOCK EXCHANGE (IN C IVIL APPEAL NO. 1171 OF 2004 VIDE ORDER DATED 15.09.2008) HAS EXPOUNDED THAT NON CONSIDERATION OF A DECISION OF HON'BLE 2 M.A. NO. 278/MUM/2018 JURISDICTIONAL HIGH COURT OR HONBLE APEX COURT CAN RENDER THE ORDER OF THE TRIBUNAL SUFFERING FROM A MISTAKE APPARENT FROM RECORD. 4. RESPECTFULLY FOLLOWING THE PRECEDENT FROM THE DECISION OF HONBLE APEX COURT, I AM OF THE CONSIDERED OPINION THAT SINCE THE DECISION OF HON'BLE JURISDICTIONAL HIGH COURT WAS CITED AND THE SAME WAS NOT CONSIDERED BY THE TRIBUNAL , A MISTAKE APPARENT FROM RECORD HAS CREPT INTO THE ORDER OF THE TRIBUNAL. 5. IN THE BACKGROUND OF AFORESAID DISCUSSION AND PRECEDENT , I RECALL THE AFORESAID ORDER OF THE TRIBUNAL. THE R EGISTRY IS DIRECTED TO FIX THE CASE IN NORMAL COURSE . 6. I N THE RESULT , THE MISCELLANEOUS APPLICATION STANDS ALLOWED IN TERMS OF ABOVE . ORDER PRONOUNCED IN THE OPEN COURT ON 05.10.2018 SD/ - (S HAMIM YAHYA) A CCOUNTANT MEMBER MUMBAI ; DATED : 05.10.2018 ROSHANI , SR. PS COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT - CONCERNED 5. DR, ITAT, MUMBAI 6. GUARD F ILE BY ORDER, (DY./ASSTT. REGISTRAR) ITAT, MUMBAI