ASSTT.COMM OF INCOME TAX, CIRCLE 2(2)(1), MUMBAI V. MARVEL INDUSTRIES LIMITED , MUMBAI

MA 280/MUM/2023

AI Insights

The case involves a Miscellaneous Application by the revenue against an order of the Income Tax Appellate Tribunal which incorrectly stated the assessment year for a previous appeal. The Tribunal acknowledged the error and corrected the assessment year to AY 2007-08 for the current case and AY 2012-13 for the referenced case ITA. No.779/Mum/2022. The corrections were agreed upon by both parties, and the Tribunal directed the amendments accordingly.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 125108 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 03-08-2023
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 22-06-2023
• Assessment Year: 2012-2013
• Appeal Filed On: 30-03-2023
• Other Referred Cases: ITA. No. 1486/Mum/2022, ITA. No.779/Mum/2022
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, MUMBAI BEFORE SHRI BR BASKARAN, AM AND SHRI ABY T. VARKEY, JM MA. No. 280/Mum/2023 (Arising out of ITA. No.1486/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2007-08) ACIT-2(2)(1) Room No. 545, Aayakar Bhavan, M. K. Road, Mumbai-400020. बिधम/ Vs. M/s. Marvel Industries Ltd 20 Poddar Chambers, SA Brelvi Road, Mumbai- 400023. स्थधयी लेखध सं./जीआइआर सं./PAN/GIR No. : AAACM3243J (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) सुनवाई की तारीख / Date of Hearing: 23/06/2023 घोषणा की तारीख /Date of Pronouncement: 04/08/2023 आदेश / O R D E R PER ABY T. VARKEY, JM: This Miscellaneous Application has been filed by the revenue against the impugned order of this Tribunal dated 02.09.2022 in ITA. No. 1486/Mum/2022. 2. The only grievance of the revenue is that in the impugned order of the Tribunal the caption depicts assessment year as AY 2012-13 whereas relevant assessment year pertaining to the appeal was for AY 2007-08. Assessee has agreed upon this contention of revenue. Therefore, the mistake is apparent and so, we are inclined to correct the mistake apparent on record. Resultantly, it needs to be corrected accordingly. Therefore, the Miscellaneous application of revenue is allowed and assessment year depicted in the impugned order in caption appeal i.e. ITA. No. 1486/Mum/2022 should be read as AY 2007-08 in place of AY. 2012-13. We direct accordingly. Assessee by: Shri Haridas Bhat Revenue by: Ms Mahita Nair MA. No.280/Mum/2023 A.Y. 2007-08 M/s. Marvel Industries Ltd. 2 3. And further Ld DR drew our attention to Para 5 at Page No. 6 of the impugned order of Tribunal, wherein it has been observed as under: - “As seen (supra), the assessee has filed the statement of facts and the grounds of appeal before the Ld. CIT(A). Despite that the Ld. CIT(A) has dismissed the appeal without following the procedure prescribed u/s 250(6) of the Act. Such a scenario, arose in an appeal before the Co-ordinate bench of this Tribunal in assessee’s own case for AY. 2011-12 in ITA. No.779/Mum/2022 wherein also the Ld. CIT(A)/NFAC had passed similar/exparte summarily dismissing the appeal of assessee.....” 4. Referring to above observation made by us, the Ld DR submitted that the assessment year mentioned pertaining to ITA. No.779/Mum/2022 has been mistakenly depicted as that of AY. 2011- 12 whereas the correct assessment year is AY. 2012-13, so we direct that assessment year pertaining to ITA. No.779/Mum/2022 should be read as AY. 2012-13 instead of AY. 2011-12 and we direct accordingly. In the result, Miscellaneous application filed by the revenue is allowed. Order pronounced in the open court on this 04/08/2023. Sd/- Sd/- (BR BASKARAN) (ABY T. VARKEY) ACCOUNTANT MEMBER JUDICIAL MEMBER मुुंबई Mumbai; दिनाुंक Dated : 04/08/2023. Vijay Pal Singh, (Sr. PS) MA. No.280/Mum/2023 A.Y. 2007-08 M/s. Marvel Industries Ltd. 3 आदेश की प्रनिनलनि अग्रेनर्ि/Copy of the Order forwarded to : आदेशधिुसधर/ BY ORDER, सत्यादपत प्रदत //True Copy// उि/सहधयक िंजीकधर /(Dy./Asstt. Registrar) आयकर अिीलीय अनर्करण, मुुंबई / ITAT, Mumbai 1. अपीलार्थी / The Appellant 2. प्रत्यर्थी / The Respondent. 4. आयकर आयुक्त / CIT 5. दवभागीय प्रदतदनदि, आयकर अपीलीय अदिकरण, मुुंबई / DR, ITAT, Mumbai 6. गार्ड फाईल / Guard file.