ASSISTANT COMMISSIONER OF INCOME TAX 16(2), MUMBAI V. JANAK DILIP DWARKADAS, MUMBAI

MA 319/MUM/2018

• Counselvise Citation: [2019] 111 COUNSELVISE.COM (IT) 4594 (ITAT-MUMBAI)
• Duration Of Justice: 11 month(s) 18 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 15-04-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: J
• Assessment Year: 2011-2012
• Appeal Filed On: 27-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D G PANSARI
• Assessee Lawyers: SUNIL M LALABHA VYA SANDESHA
• Keywords: Rule 8D
• Section: 14A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES F , MUMBAI BEFORE S HRI SHAMIM YAHYA (AM) AND SHRI RAM LAL NEGI (JM) M .A. N O. 319 / MUM /2018 ( ARISING OUT OF ITA N O. 5200/MUM /201 5 ) ( ASSESSMENT YEAR : 2011 12 ) THE ACIT 16(2), ROOM NO. 440, 4 TH FLOOR, AA YAKAR BHAVAN, M.K. ROAD, MUMBAI - 20 VS. SHRI JANAK DILIP DWARKADAS, 3 RD FLOOR, MULIA HOUSE, M.G. ROAD, FORT, MUMBAI - 400001 PAN: AAEPD8303R (APPELLANT) (RESPONDENT) REVENUE BY : SHRI D.G. PANSARI (DR) ASSESSEE BY : SHRI SUNIL M. LALA/BHA VYA SANDESHA (A R) DATE OF HEARING: 18/01 /201 9 DATE OF PRONOUNCEMENT: 15 / 0 4 /201 9 O R D E R PER RAM LAL NEGI, JM BY WAY OF THIS MISCELLANEOUS APPLICATION THE REVENUE HAS REQUESTED TO RECALL THE ORDER DATED 13.10.2017 PASSED BY THE J BENCH OF THE TRIBUNAL IN REVENUES APPEAL ITA NO 5200/MUM/2015 PERTAINING TO THE ASSESSMENT YEAR 2011 - 12, FOR DECIDING THE APPEAL AFRESH. 2. BEFORE US, THE LD. DR SUBMITTED THAT THE TRIBUNAL HAS DECIDED THE ISSUE RELAT IN G TO THE ADDITION U/S 14A OF THE I.T. ACT READ WITH RULE 8D OF THE INCOME TAX RULES AGAINST THE REVENUE BY FOLLOWING THE DECISION OF THE MUMBAI TRIBUNAL RENDERED IN THE CASE OF ACIT VS. IQBAL M. CHA G LA , ITA NO. 877/MUM/2013. THE LD. DR FURTHER SUBMITTED TH AT THE FINDINGS OF THE TRIBUNAL IS CONTRARY TO THE DECISIONS OF THE ITAT RENDERED IN ASSESSEES OWN CASE FOR THE A.Y. 2008 - 09 AND 2009 - 10. T HE LD. DR THEREFORE CONTENDED THAT SINCE THE FINDINGS OF THE TRIBUNAL IN THIS CASE IS CONTRARY TO THE DECISION OF TH E 2 M.A. NO . 319 /MUM/2018 ASSESSMENT YEAR S : 2011 - 12 TRIBUNAL RENDERED IN THE ASSESSEES OWN CASE S FOR THE A.Y. 2008 - 09 AND 2009 - 10, THE SAME IS REQUIRED TO BE RECALLED AND HEARD AFRESH IN THE LIGHT OF THE SAID ORDER S . 3. ON THE OTHER HAND, THE LD. COUNSEL FOR THE ASSESSEE OPPOSED THE APPLICATION AND SUBM ITTED THAT SINCE THE TRIBUNAL HAS DECIDED THE APPEAL OF THE REVENUE ON THE BASIS OF THE FACTS OF THE PRESENT CASE AFTER HEARING THE REVENUE, THERE IS NO MISTAKE APPARENT ON RECORD TO RECTIFY THE SAME. 4. WE HAVE PERUSED THE ORDER DATED 13.10.2017 PASSED B Y THE J BENCH OF THE TRIBUNAL IN THE LIGHT OF THE RIVAL SUBMISSIONS OF THE PARTIES. WE NOTICE THAT THE BENCH HAS UPHELD THE FINDINGS OF THE LD. CIT (A) WHICH WAS BASED ON THE DECISION OF THE COORDINATE BENCH IN THE CASE OF ACIT VS. IQBAL M. CHAGLA (SUPR A). SINCE, THE LD. DR DID NOT POINT OUT , WHILE ARGUING THE APPEAL OF THE REVENUE, T HAT THE ITAT HAS DECIDED THE ISSUE REGARDING 14A OF THE ACT, AGAINST THE ASSESSEE IN ASSESSEES OWN CASE S PERTAINING TO THE EARLIER YEARS, THE BENCH HAD NO OCCASION TO DISCU SS THE SAME IN THE PRESENT APPEAL . MOREOVER, THE BENCH HAS DECIDED THE ISSUE IN THE LIGHT OF THE FACTS OF THE CASE ON HAND , IT HAS NO JURISDICTION TO REVIEW ITS ORDER PASSED ON MERITS. 5. HENCE, IN OUR CONSIDERED VIEW, THERE IS NO MISTAKE APPARENT ON RECO RD TO RECTIFY THE SAME U/S 254 (2) OF THE ACT. WE THEREFORE , DISMISS THE MA FILED BY THE REVENUE HOLDING THAT THERE IS NO MERIT IN THE SAME . IN THE RESULT, MISC. APPLICATION FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COU RT ON 15 TH APRIL , 2019 . SD/ - SD/ - ( SHAMIM YAHYA ) ( RAM LAL NEGI ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 15 / 0 4 / 2019 ALINDRA, PS 3 M.A. NO . 319 /MUM/2018 ASSESSMENT YEAR S : 2011 - 12 / 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// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI