JAGAT VITHALDAS VYAS, V. ITO 11(3)(2),

MA 298/MUM/2014

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 3485 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 2 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 19-08-2015
• Appeal Filed By: Assessee
• Bench Allotted: J
• Assessment Year: 2007-2008
• Appeal Filed On: 02-06-2014
• Court: TRIBUNAL
• Department Lawyers: SACCH IDANAND DUBE
• Assessee Lawyers: SUBODH L RATNAPARKHI
• Section: 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL J BENCH, MUMBAI . . , , BEFORE SHRI R. C. SHARMA , ACCOUNTANT MEMBER AND SHRI SANJAY GARG, JUDI CIAL MEMBER . / MA NO. 297 /MUM/201 4 (ARISING OUT OF ITA NO. 8809 /MUM/201 1 ) ( / ASSESSMENT YEAR: 200 7 - 0 8 ) SHRI JANAK VITHALDAS VYAS, 71, GANGA VIHAR, R.A.KIDWAI ROAD, KINGS CIRCLE, MUMBAI - 4000 19 / VS. ITO, WARD 17(3)(2), MUMBAI ./ ./ PAN/GIR NO. A BEPV 2852 Q ( APP LICANT ) : ( RESPONDENT ) AND . / MA NO. 29 8 /MUM/2014 (ARISING OUT OF ITA NO. 88 10 /MUM/201 1 ) ( / ASSESSMENT YEAR: 2007 - 08) SH RI JA GAT VITHALDAS VYAS, 71, GANGA VIHAR, R.A.KIDWAI ROAD, KINGS CIRCLE, MUMBAI - 400019 / VS. ITO, WARD 17(3)(2), MUMBAI ./ ./ PAN/GIR NO. ABEPV 285 1 P APP LICANT BY : SHRI SUBODH L.RATNAPARKHI RESPONDENT BY : SHRI SACCHIDANAND DUBE / DATE OF HEARING : 03.07.2015 / DATE OF PRONOUNCEMENT : 19 .08. 2015 / O R D E R PER R. C. SHARMA , A. M.: TH ESE MISCELLANEOUS APPLICATION S AROSE OUT ITA NO S . 8809&8810/MUM/2011 FOR THE ASSESSMENT YEAR (A.Y.) 200 7 - 0 8 . 2 M A NO S . 297&298/14 2. THROUGH THIS APPLI CATION, LD. AR SUBMITTED THAT AS PER FINDING RECORDED BY THE TRIBUNAL IN ALL ITS PARAS UPTIL PARA NO.4, THE APPEALS OF THE REVENUE SHOULD HAVE BEEN DISMISSED, WHEREAS IT HAS WRONGLY BEEN TYPED AS ALLOWED. 3. WE HAVE CONSIDERED THE RIVAL CONTENTIONS AND FOUND THAT THE TRIBUNAL IN ITS ORDER DATED 6 - 2 - 2013 AFTER DETAILED DISCUSSION ON THE MERITS OF THE CASE AGREED WITH THE ORDER OF THE CIT(A) AND HAS UPHELD HIS DECISION. HOWEVER, IN PARA 5 PAGE NO.5 OF THE ORDER, IT IS MISTAKENLY STATED THAT IN THE RESULT BOTH THE APPEALS ARE ALLOWED, WHEREAS AS PER THE FINDINGS GIVEN BY THE TRIBUNAL, IT SHOULD BE N THE RESULT BOTH THE APPEALS ARE DISMISSED. THUS, IT IS CLEAR THAT ONLY DUE TO TYPOGRAPHICAL MISTAKE THE APPEALS HAVE BEEN HELD AS ALLOWED IN PLACE OF DIS MISSED. ACCORDINGLY, WE CORRECT THE PARA 5 OF THE ORDER DATED 6 - 2 - 2013 AND THE SAME BE READ AS UNDER : - I N THE RESULT, BOTH APPEALS OF THE REVENUE ARE DISMISSED. 4. IN THE RESULT, THE ASSESSEES MISCELLANEOUS APPLICATION S ARE ALLOWED . ORDER PRON OUNCED IN THE OPEN COURT ON 19.08. 201 5 SD/ - SD/ - ( SANJAY GARG ) ( R. C. SHARMA ) / J UDICIAL MEMBER / A CCOUNTANT MEMBER MU MBAI ; DATED : 19.08. 201 5 PKM, PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APP LIC ANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT - CONCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD F ILE / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI