DCIT, CC- 3(2), MUMBAI V. USHA MAYUR THAKKAR, MUMBAI

MA 293/MUM/2022

AI Insights

The case involves a Miscellaneous Application filed by the Revenue against an order passed by the Income Tax Appellate Tribunal, which had partly allowed the appeal of the assessee, M/s. Usha Mayur Thakkar, for the Assessment Year 2007-08. The Revenue contended that the assessee had settled the dispute under the Direct Taxes Vivad Se Vishwas Scheme 2020 and should have withdrawn the appeal by 27.2.2021. The Revenue argued that the Tribunal's order was thus invalid and needed to be withdrawn. However, the Tribunal held that it could only consider facts already on record for rectification of mistakes and found that it did not have the authority to withdraw its order under Section 254(2) of the Income Tax Act.

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 131963 (ITAT-MUMBAI)
• Duration Of Justice: 11 year(s) 4 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-11-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Next Hearing Date: 10-11-2022
• Assessment Year: misc
• Appeal Filed On: 16-07-2011
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Sale consideration of property below Jantri Value
• Section: 254(2)

Judgement Text

THE INCOME TAX APPELLATE TRIBUNAL “F” Bench, Mumbai Shri B.R. Baskaran (AM) & Shri Rahul Chaudhary (JM) M.A. No. 293/Mum/2022 in I.T.A. No. 7191/Mum/2019 (A.Y. 2007-08) DCIT, Cen. Circle 3(2) 19 t h Floor Air India Building Nariman P oint Mumbai-400 02 1. Vs. M/s. Usha Mayur Thakkar 21, Kshitij 99, Hill Road Bandra West, Mumbai-400 050. PAN : ADLPT0750C (Appellant) (Respondent) Assessee by None Department by Smt. Vranda U. Matkari Date of Hearin g 11.11.2022 Date of Pr on ouncem ent 17.11.2022 O R D E R Per B.R.Baskaran (AM) :- The Revenue has filed this Miscellaneous Application against the order dated 22.2.2022 passed by the Tribunal in the hands of the assessee for A.Y. 2007-08. 2. The Tribunal had passed the order against the appeal filed by the assessee partly allowing the appeal of the assessee. The Revenue has filed this Miscellaneous Application submitting that the assessee has settled the dispute under the Direct Taxes Vivad Se Vishwas 2020 and hence the assessee should have withdrawn the appeal pending as on 27.2.2021. Under these circumstances, it is stated that the order passed by the Tribunal is not valid and the same needs to be withdrawn. 3. We have heard learned DR and perused the record. It can be noticed that the Revenue is bringing A new fact through the Miscellaneous Application, which was not available on record and the same cannot be considered u/s 254(2) of the Act, i.e., the Tribunal has to consider only those M/s. Usha Mayur Thakkar 2 facts which are already available on record for the purpose of rectification of mistakes apparent from record. Here, the request of the revenue is that the Tribunal should withdraw its order. Section 254(2) of the Act does not enable the Tribunal to withdraw the order passed by it. 4. In view of the above discussed legal position, we do not find any merit in the submissions made by the revenue in the Miscellaneous Application. Accordingly, we are of the view that the same deserves to be rejected. Accordingly, we reject the same. 5. In the result, Miscellaneous Application filed by the Revenue is dismissed. Order pronounced in the open court on 17.11.2022. Sd/- Sd/- (RAHUL CHAUDHARY) (B.R. BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated : 17/11/2022 Copy of the Order forwarded to : 1. The Appellant 2. The Respondent 3. The CIT(A) 4. CIT 5. DR, ITAT, Mumbai 6. Guard File. BY ORDER, //True Copy// (Assistant Registrar) PS ITAT, Mumbai