KAILASH BROTHERS, MUMBAI V. ASST CIT 19(2), MUMBAI

MA 29/MUM/2019

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 1029 (ITAT-MUMBAI)
• Duration Of Justice: 1 month(s) 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 15-03-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2009-2010
• Appeal Filed On: 21-01-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MANISH KUMAR SINGH LD
• Assessee Lawyers: BHARAT P SHAH LD
• Keywords: Bogus purchase

Judgement Text

MA NO.29/MUM/2019 ARISING OUT OF ITA NO.3793/MUM/2017 KAILASH BROTHERS ASSESSMENT YEAR :2009-10 1 IN THE INCOME TAX APPELLATE TRIBUNAL H BENCH, MUMBAI , , BEFORE HONBLE SHRI MANOJ KUMAR AGGARWAL, AM AND HONBLE SHRI RAVISH SOOD, JM MA NO.29/MUM/2019 ARISING OUT OF I.T.A. NO.3793/MUM/2017 ( / ASSESSMENT YEAR: 2009-10) KAILASH BROTHERS 103, SHREEJI DARSHAN TATA ROAD, 1 & 2 OPERA HOUSE MUMBAI-400 004. / VS. ASSISTANT COMMISSIONER OF INCOME TAX -19(2) AAYKAR BHAVAN, M.K. ROAD MUMBAI-400 020. ./ ./PAN/GIR NO. AAAFK-6781-F ( !' /APPELLANT ) : ( #$' / RESPONDENT ) ASSESSEE BY : BHARAT P. SHAH- LD. AR REVENUE BY : MANISH KUMAR SINGH - LD.AR / DATE OF HEARING : 15/03/2019 / DATE OF PRONOUNCEMENT : 15/03/2019 / O R D E R PER MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. BY WAY OF THIS MISCELLANEOUS APPLICATION, THE AS SESSEE SEEKS CERTAIN RECTIFICATION IN TRIBUNALS ORDER ITA NO. 3793/MUM/2017 FOR ASSESSMENT YEAR 2009-10 DATED 05/10/2018. 2. EXPLAINING THE SAME THE LD. AUTHORISED REPRESENT ATIVE FOR ASSESSEE [AR], SHRI BHARAT P. SHAH SUBMITTED THAT THE ORDER HAS BEEN MA NO.29/MUM/2019 ARISING OUT OF ITA NO.3793/MUM/2017 KAILASH BROTHERS ASSESSMENT YEAR :2009-10 2 PASSED WITHOUT CONSIDERING THE FAVORABLE DECISION O F MUMBAI TRIBUNAL RENDERED IN M/S. VAMA INTERNATIONAL VS. ITO (IN ITA NO.7315, 73 16 & 7317/MUM/2016 DATED 15/02/2018) AND ORDER OF HON'BLE GUJARAT HIGH COURT RENDERED IN THE CASE OF PR. COMMISSIONER OF INCOME TAX, SURAT-I VS. TEJUA ROHIT KUMARKAPADIA [INCOME TAX APPEAL NO. 691 OF 2017] WHEREIN THE ISSUE HAS BEEN CONCLUDED IN ASSESSEES FAVOR. THE LD. AR SUBMITTED THAT THE AFORESAID JUDGMENTS COULD NOT BE CITED DURING HEARING DUE TO OVERSIGHT. THEREFORE, IN THE INTEREST OF JUS TICE, APPROPRIATE RECTIFICATION MAY BE MADE IN THE ORDER CONSIDERING THESE DECISIONS. PER CONTRA, THE LD. DR SUBMITTED THAT THE ORDER COULD N OT BE REVIEWED. 3. UPON CAREFUL CONSIDERATION, WE FIND THAT THE DEC ISION OF THE TRIBUNAL HAS BEEN RENDERED AFTER CONSIDERING THE FACTUAL MAT RIX OF THE CASE WHEREIN THE ISSUE INVOLVED WAS ESTIMATION ON ACCOUN T OF ALLEGED BOGUS PURCHASES . THE DECISIONS AS CITED DURING HEARING WERE DULY C ONSIDERED BY THE BENCH WHILE ADJUDICATING THE MATTER. BY WAY OF THIS APPLICATION, THE ASSESSEE IS MERELY SEEKING THE REVIEW OF THE OR DER WHICH IS NOT PERMISSIBLE. THE RECTIFICATION COULD BE MADE ONLY I N CASES WHERE THERE WAS ANY MISTAKE APPARENT FROM RECORD. ONCE THE ORDE R IS PASSED, THE BENCH BECOMES FUNCTUS OFFICIO AND THEREFORE, NO COGNIZANCE COULD BE TAKEN OF THE PLEADINGS MADE BY LD. AR. 4. THE APPLICATION STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 15 TH MARCH, 2019. SD/- SD/- (RAVISH SOOD) (M ANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MA NO.29/MUM/2019 ARISING OUT OF ITA NO.3793/MUM/2017 KAILASH BROTHERS ASSESSMENT YEAR :2009-10 3 MUMBAI; DATED : 15/03/2019 SR.PS, JAISY VARGHESE ! / COPY OF THE ORDER FORWARDED TO : 1. !' / THE APPELLANT 2. #$' / THE RESPONDENT 3. + ( ! ) / THE CIT(A) 4. + / CIT CONCERNED 5. ,-#&. , ! . , / DR, ITAT, MUMBAI 6. -/01 / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI.