TECHNO CRAFT INDUSRIES (I) LTD, V. DCIT RG 8(3),

MA 319/MUM/2011

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9159 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 3 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 21-09-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: J
• Assessment Year: 2004-2005
• Appeal Filed On: 03-06-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: PANKAJ TOPRANI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, J, MUMBAI BEFORE S/SHRI DINESH KUMAR AGARWAL, JM AND D. KARUNAKARA RAO, AM M.A. NO. 319/MUM/2011 ARISING OUT OF ITA NO. 6376/MUM/2007 (ASSESSMENT YEAR 2004-05) TECHNOCRAFT INDUSTRIES (INDIA) LTD., A-25, MIDC MAROL INDUSTRIAL AREA, STREET NO. 3, OPP. ESIS HOSPITAL, ANDHERI (E), MUMBAI 400 093. PAN: AAACT 2724P DY. COMMR. OF INCOME-TAX, RANGE 8(3), AAYAKAR BHAVAN, MUMBAI 400 020. APPLICANT V/S RESPONDENT DATE OF HEARING : 21- 09-2012 DATE OF PRONOUNCEMENT : 21-09-201 2 APPLICANT BY : SHRI P ANKAJ TOPRANI RESPONDENT BY : SHRI RAJARSHI DWIVEDY O R D E R PER DINESH KUMAR AGARWAL (JM) THIS MISC. APPLICATION FILED BY THE ASSESSEE ARISES AS A RESULT OF THE ORDER PASSED BY THE TRIBUNAL IN M.A. NO. 433/MUM/20 11 FOR A.Y. 2004-05 DTD. 11-7-2012 WHEREBY THE TRIBUNAL HAS RECALLED TH E EX PARTE ORDER PASSED IN M.A. NO. 319/MUM/2011 DTD. 22-7-2011. 2. IN THE MISC. APPLICATION DTD. 18-5-2011, IT HAS BEEN STATED BY THE ASSESSEE THAT THE TRIBUNAL WHILE DEALING WITH THE G ROUNDS OF APPEAL IN ASSESSEES APPEAL FOR A.Y. 2004-05 IN PARA 32 TO 53 OF THE ORDER HAS OMITTED TO DEAL WITH THE GROUNDS OF APPEAL NO. 3 TO 7 RAISED B Y THE ASSESSEE, THEREFORE, MA 319/MUM/2011 2 THERE IS A MISTAKE IN THE ORDER OF THE TRIBUNAL AND , THEREFORE, THE ORDER PASSED BY THE TRIBUNAL TO THIS EXTENT BE RE-CALLED TO DECI DE GROUND NO. 3 TO 7 WHICH WAS NOT OBJECTED TO BY THE LD. D.R. 3. WE HAVE CAREFULLY CONSIDERED THE SUBMISSIONS OF THE RIVAL PARTIES AND PERUSED THE MATERIAL AVAILABLE ON RECORD. WE FIND M ERIT IN THE PLEA OF THE LD. COUNSEL FOR THE ASSESSEE THAT THE TRIBUNAL WHILE DE CIDING THE APPEAL FOR A.Y. 2004-05 HAS CONSIDERED GROUND NO. 1 & 2 ONLY IN PAR A 32 TO 53 OF THE ORDER DTD. 8-4-2011 AS PER PAGE NO. 1 OF THE CHART SUBMIT TED BY THE ASSESSEE BUT DID NOT CONSIDER PAGE NO. 2 OF THE CHART WHEREIN TH E ASSESSEE HAS BRIEFLY MENTIONED THE FACTS AND SUBMISSIONS PERTAINING TO G ROUND NOS. 3 TO 7 TAKEN BY THE ASSESSEE, THEREFORE, THERE IS A MISTAKE IN T HE ORDER OF THE TRIBUNAL IN TERMS OF SECTION 254(2) OF THE ACT AND ACCORDINGLY THE ORDER PASSED BY THE TRIBUNAL TO THIS LIMITED EXTENT IS RECALLED TO DECI DE GROUND NO. 3 TO 7 TAKEN BY THE ASSESSEE IN THE APPEAL FOR THE A.Y. 2004-05. P ARTIES ARE DIRECTED TO APPEAR BEFORE THE TRIBUNAL ON 3-10-2012 AS ANNOUNCED IN TH E OPEN COURT WITHOUT WAITING FOR ANY NOTICE OF DATE OF HEARING. ACCORDI NGLY THE MISC. APPLICATION FILED BY THE ASSESSEE IS ALLOWED. 4. IN THE RESULT, THE MISC. APPLICATION FILED BY TH E ASSESSEE STANDS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 21-9-2012. SD/- SD/- (D. KARUNAKARA RAO) (DINESH KUMAR AGARWAL) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 21-9-2012. RK.: MA 319/MUM/2011 3 COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT , CONCERNED, MUMBAI 4. CIT(A) CONCERNED, MUMBAI 5. DR D BENCH 6. GUARD FILE. BY ORDER ASSTT.REGISTRAR, I ITAT, MUMBAI