M/s. INDIAN AIRLINES LTD. ( NOW KNOWN AS NATIONAL AVIATION COMPANY OF INDIA LTD.), DELHI V. ACIT-5(1)(1), MUMBAI, MUMBAI

MA 287/MUM/2021

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 4770 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 13 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 11-04-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2006-2007
• Appeal Filed On: 28-11-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, „C„ BENCH MUMBAI BEFORE: SHRI M.BALAGANESH, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER M.A. No.287/Mum/2021 (Arising out of ITA No.6099/Mum/2019) (Asse ssment Year : 2006-07) M/s. Indian Airlines Ltd.,(Now known as National Aviation Company of India Ltd.,) Airline House, 113, Gurudwara Rakab Ganj Road, New Delhi – 110001 Delhi Vs. ACIT 5(1)(1), Mumbai Room No.568, 5 th Floor Aaykar Bhavan, M.K.Road Mumbai – 400 020 PAN/GIR No.AAACI0613E (Appellant) .. (Respondent) Assessee by Shri Rajnish Aggarwal Revenue by Shri Milind Chavan Date of Hearing 21/01/2022 Date of Pronouncement 12/04/2022 आदेश / O R D E R PER M. BALAGANESH (A.M): By virtue of this Miscellaneous Application, the assessee seeks to modify the directions mentioned in the order passed in ITA No.6099/Mum/2019 dated 04/06/2021 for A.Y.2006-07 for the reasons stated in the Miscellaneous Application of the assessee. MA No. 287/Mum/2021 M/s. Indian Airlines Limited (Now known as National Aviation Company of India Ltd., 2 2. We have heard rival submissions and perused the materials available on record. We find that there has been a categorical finding by this Tribunal in its order dated 04/06/2021 that in respect of value of fringe benefit tax as per the frequent flyer programme, the basis of computation will remain the same as in the case of Air India Ltd., This Tribunal while rendering its decision in respect of the grounds raised before it, had placed reliance on the decision of Jet Airways India Ltd., and also in the case of Air India Ltd., dated 11/07/2018. We find that in the case of Air India Ltd., very same issue was decided by dismissing the appeal of the Revenue. But in the concluding remark of the Tribunal order dated 04/06/2021 passed in the case of the assessee herein, this Tribunal had erroneously stated that the issue is restored to the file of the ld. AO instead of stating that the grounds raised by the Revenue stand dismissed. This has been rightly brought to our notice by the ld. Counsel for the assessee. When this was confronted to the ld. DR, the ld. DR fairly agreed that the mistake had indeed crept in the order of the Tribunal which requires rectification u/s.254(2) of the Act. Considering the arguments of both the sides and in view of the fact that the mistake has been rightly brought to our knowledge by the ld. AR, we hereby modify para 3.3 & para 4 of our order as under:- “3.3. Similar decision was rendered by the Co-ordinate Bench of this Tribunal in the case of DCIT vs. Air India Ltd., in ITA No.1207/Mum/2015, 1208/Mum/2015 and CO No.171/Mum/2016 and CO No.58/Mum/2017 for A.Yrs. 2006-07 and 2007-08 respectively dated 11/07/2018. Respectfully following the same, the issue raised in this appeal by the Revenue stands dismissed. 4. In the result, appeal of the Revenue is dismissed.” MA No. 287/Mum/2021 M/s. Indian Airlines Limited (Now known as National Aviation Company of India Ltd., 3 3. All other contents of the order dated 04/06/2021 shall remain unchanged. This Miscellaneous Application should be read together with the order dated 04/06/2021. 4. In the result, Miscellaneous Application of the assessee is allowed. Order pronounced on 12/04/2022 by way of proper mentioning in the notice board. Sd/- (PAVAN KUMAR GADALE) Sd/- (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated 12/04/2022 KARUNA, sr.ps Copy of the Order forwarded to : BY ORDER, (Asstt. Registrar) ITAT, Mumbai 1. The Appellant 2. The Respondent. 3. The CIT(A), Mumbai. 4. CIT 5. DR, ITAT, Mumbai 6. Guard file. //True Copy//