SUDHIR RASIKLAL MEHTA, Mumbai V. DCIT, Mumbai

MA 284/MUM/2021

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 5220 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 12 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 09-02-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2016-2017
• Appeal Filed On: 28-11-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SATYA PINISETTY
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE SHRI OM PRAKASH KANT, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER MA No. 284/Mum/2021 (in ITA No. 2458/Mum/2019) (Assessment Year: 2016-17) Sud hir Rasiklal Mehta 25-C, Sur Bunglow Ridge Road , Malabar Hills, Walkesh war, Mu mbai – 400 006. बनाम/ Vs. DCIT, Circle – 3 (1 ) Roo m No . 1924, 19 t h Floor, Air Ind ia Bldg, Nari man Po int, Mumbai – 400 021. ./ज आइआर ./PAN/GI R No. : AABPM970 1F ( /Appellant) . . ( / Respondent) र / Appellant by : Mr.N.R. Agrawal .C A .AR र /Respondent by : Mr.Satya Pinisetty.DR र / D a t e o f H e a r i n g 04/02/2022 !"# र /D a t e o f P r o n o u n c e m e n t 10/02/2022 आद श / O R D E R PER PAVAN KUMAR GADALE - JM: The assessee has filed the miscellaneous application (M.A) in the appeal ITA.No. 2458/Mum/2019 dated 14.09.2021 seeking rectification of mistake apparent from the record. 2. At the time of hearing,the Ld. AR submitted that the Hon’ble Tribunal in ITA No.7292/2458 /Mum/ MA No. 284/Mum/2021 Shri Sudhir Rasiklal Mehta, Mumbai. - 2 - 2018&2019 and others at page 15 Para 14 of the order has observed as under and : 14. The issues involved in the above appeals is identical to the one as stated above in ITA No. 7292/M/2018 for A.Y 2016-17. Therefore, our finding in ITA No. 7292/M/2018 for A.Y 2016-17, mutatis mutandis, would apply to these appeals as well. Accordingly, th appeals of the assessee are allowed. 15. In the result, the appeal of all the assessees are allowed. 3. The contention of the Ld. AR that though the decision was in favour of the assessee but in this particular assessee in ITA No. 2458/Mum/2019 there was a addition of silver of Rs. 16,90,500/- overlooking the credit worthiness/networth of the assessee. Whereas the Honble Tribunal has allowed in favour of the assessee but there needs to be modification as to include addition of silver of Rs.16,90,500/- as there is no addition of silver in a lead case in ITA No. 7292/Mum/2018 and prayed for rectification in the order. 4. Contra, the Ld. DR submitted that the Hon’ble Tribunal has decided issue on merits and allowed in MA No. 284/Mum/2021 Shri Sudhir Rasiklal Mehta, Mumbai. - 3 - favour of the assessee and there is no error in the observations of the ITAT. 5. We heard the rival submissions and perused the material available on record. Prima-facie the Hon’ble Tribunal has considered the facts and circumstances of the case and material on record and has granted the relief, which cannot be disputed. The bench required the Ld.AR to identify the ground of appeal raised before the ITAT in the assessee case. On perusal of the grounds of appeal, there is no specific ground of appeal raised by the assessee in respect of the addition of silver. When the query was raised from the Bench with respect to the reasons as to why rectification is needed in the ITAT order though the assessee appeal has been allowed, The Ld. AR submitted that the A.O. could not get clear picture and therefore direction may be given. We found that the Ld.A.R preempting the situation that A.O. will not grant the relief on addition of silver. We find that the provisions of Sec. 254(2) of the Act are for rectification of the mistake apparent from the record and the fact that the assessee has been granted relief which is not disputed by the revenue. Accordingly, we do not find any merits in the MA No. 284/Mum/2021 Shri Sudhir Rasiklal Mehta, Mumbai. - 4 - miscellaneous application filed by the assessee and is dismissed. 6. In the result, the MA filed by the assessee is dismissed. Order pronounced in the open court on 10.02.2022. Sd/- Sd/- (OM PRAKASH KANT) (PAVAN KUMAR GADALE ) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai, Dated 10.02.20200 KRK, PS /Copy of the Order forwarded to : 1. / The Appellant 2. / The Respondent. 3. & '( आ र आ ) / The CIT(A) 4. आ र आ ) ( ) / Concerned CIT 5. , - . / / '(, आ र '( र#, हमद & द / DR, ITAT, Mumbai 6. . 34 5 / Guard file. ान ु सार/ BY ORDER, , / //True Copy// 1. उ /सहाय ंजी ार ( Asst. Registrar) य र ी य !" र#, हम ाबा / ITAT, Mumbai