ACIT -CIRCLE 2(2)(1), MUMBAI V. STATE BANK OF INDIA (SUCCESSOR TO STATE BANK OF BIKANER & JAIPUR), MUMBAI

MA 281/MUM/2023

AI Insights

The case involves a Miscellaneous Application by the Revenue seeking recall/rectification of a previous Tribunal order concerning the State Bank of India for the assessment year 2015-16. The application was based on an inadvertent error in the Tribunal's earlier order, where it incorrectly stated that the appeal of the assessee was allowed, contrary to the intended rectification to restore the matter to the Assessing Officer for verification. The Tribunal acknowledged the mistake and corrected the order to align with the precedent set in the assessment year 2008-09, where the matter was restored to the Assessing Officer for verification and the ground was allowed for statistical purposes.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 123610 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 30 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 29-06-2023
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: G
• Next Hearing Date: 22-06-2023
• Assessment Year: 2015-2016
• Appeal Filed On: 30-03-2023
• Other Referred Cases: ITA No. 3644 and 4564/Mum/2016, ITA No. 3033/Mum/2019, ITA No. 2873/Mum/2015-16
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: VIRABHADRA S. MAHAJAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “G” MUMBAI BEFORE SHRI OM PRAKASH KANT (ACCOUNTANT MEMBER) AND MS. KAVITHA RAJAGOPAL (JUDICIAL MEMBER) M.A. No. 281/MUM/2023 (Arising out of ITA No. 2873/MUM/2019) Assessment Year: 2015-16 ACIT-2(2)(1), Room No. 545, Aayakar Bhavan, M.K. Road, Mumbai-400020. Vs. M/s State Bank of India (Successor to State Bank of Bikaner & Jainpur) Financial Reporting & Taxation, 3 rd floor, Nariman Point, Mumbai-400021. PAN No. AAACS 8577 K Appellant Respondent Assessee by : Mr. Jeet Kamdar, Adv. Revenue by : Mr. Virabhadra S. Mahajan, AR Date of Hearing : 23/06/2023 Date of pronouncement : 30/06/2023 ORDER PER OM PRAKASH KANT, AM By way of this Miscellaneous Application, the Revenue is seeking recall/rectification of the order dated 29.09.2022 passed by the Tribunal in ITA No. 3033/Mum/2019 for assessment year 2015-16 and ITA No. 2873/Mum/2015-16. 2. The Ld. Departmental Representative (DR) referred to para 7.1 of the Tribunal and submitted that Tribunal has followed the finding of the Tribunal in earlier year i.e. assessment year 2008 in ITA No. 3644 and 4564/Mum/2016. The Tribunal has also reproduced the relevant paras of the order of the Tribunal in assessment year 2008 2008-09 the Tribunal has restored the Assessing Officer for verification and ground was allowed for statistical purposes. Whereas in para 7.1 of the impugned order the Tribunal inadvertently mentioned that appeal of the assessee is allowed and therefore that extent. The Ld. Authorized Representative (AR) also did not seriously object for the rectification. 2.1 In the view of the inadverten the Tribunal is rectified to that extent and the ground No. 2 is directed to be restored to the file of the Ld. Assessing Officer for verification as directed by the Tribunal in assessment year 2008 and the ground of the purposes. 3. The Miscellaneous Application of the Revenue is allowed. Order pronounced in the open Court on Sd/ (KAVITHA RAJAGOPAL JUDICIAL MEMBER finding of the Tribunal in earlier year i.e. assessment year 2008 in ITA No. 3644 and 4564/Mum/2016. The Tribunal has also reproduced the relevant paras of the order of the Tribunal in assessment year 2008-09. In the said order for assessment year 09 the Tribunal has restored the matter back to the file of the Assessing Officer for verification and ground was allowed for statistical purposes. Whereas in para 7.1 of the impugned order vertently mentioned that appeal of the assessee is allowed and therefore, the impugned order need to be rectified that extent. The Ld. Authorized Representative (AR) also did not seriously object for the rectification. In the view of the inadvertent mistake in para 7.1 the Tribunal is rectified to that extent and the ground No. 2 is directed to be restored to the file of the Ld. Assessing Officer for verification as directed by the Tribunal in assessment year 2008 the appeal is accordingly allowed for statistical The Miscellaneous Application of the Revenue is nounced in the open Court on 30/06/2023. Sd/- KAVITHA RAJAGOPAL) (OM PRAKASH KANT JUDICIAL MEMBER ACCOUNTANT M/S State Bank of India 2 M.A No. 281/Mum/2023 finding of the Tribunal in earlier year i.e. assessment year 2008-09 in ITA No. 3644 and 4564/Mum/2016. The Tribunal has also reproduced the relevant paras of the order of the Tribunal in 09. In the said order for assessment year back to the file of the Assessing Officer for verification and ground was allowed for statistical purposes. Whereas in para 7.1 of the impugned order, vertently mentioned that appeal of the assessee is order need to be rectified to that extent. The Ld. Authorized Representative (AR) also did not t mistake in para 7.1 ,the order of the Tribunal is rectified to that extent and the ground No. 2 is directed to be restored to the file of the Ld. Assessing Officer for verification as directed by the Tribunal in assessment year 2008-09 is accordingly allowed for statistical The Miscellaneous Application of the Revenue is accordingly /06/2023. Sd/- OM PRAKASH KANT) ACCOUNTANT MEMBER Mumbai; Dated: 30/06/2023 Rahul Sharma, Sr. P.S. Copy of the Order forwarded to 1. The Appellant 2. The Respondent. 3. CIT 4. DR, ITAT, Mumbai 5. Guard file. //True Copy// Copy of the Order forwarded to : BY ORDER, (Assistant Registrar) ITAT, Mumbai M/S State Bank of India 3 M.A No. 281/Mum/2023 BY ORDER, (Assistant Registrar) ITAT, Mumbai