CAN PROPERTIES Private Limited , MUMBAI V. Income TAX OFFICER WARD 8(1)(2), MUMBAI

MA 323/MUM/2017

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 6001 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 23 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 26-12-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2010-2011
• Appeal Filed On: 03-07-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V JANARDHNAN
• Assessee Lawyers: DR P DANIEL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C , BENCH MUMBAI BEFORE SHRI R.C.SHARMA, AM & SHRI PAWAN SINGH , JM M A NO. 323 / MUM/20 17 (ARISING OUT OF ITA NO.7294/MUM/2017) ( ASSESSMENT YEAR 2010 - 11 : ) M/S. CAN PROPERTIES PVT. LTD., SHOP NO.13 LUMBINI PALAC E CO.OP HOUSING SOCIETY LTD., 91, TEJPAL ROAD VILE PARLE (E), MUMBAI - 400057 VS. ITO WARD 8(1)(2) MUMBAI PAN/GIR NO. AADCC7832L APPELLANT ) .. RESPONDENT ) ASSESSEE BY SHRI DR. P. DANIEL REVENUE BY SHRI V. JANARDHNAN DATE O F HEARING 22 / 12 /201 7 DATE OF PRONOUNCEME NT 26 / 12 /201 7 / O R D E R PER PAWAN SINGH ( J .M) : THIS M.A. AROSE OUT OF ITA NO.7294/MUM/2017. 2. THROUGH THIS M.A. IT WAS CONTENDED BY LEARNED AR THAT THERE IS A MISTAKE APPARENT FROM RECOR D IN S O FAR AS ADDITIONAL GROUND SO RAISED WHICH WAS ALSO REPRODUCED BY THE TRIBUNAL IN PARA 2 OF ITS ORDER , H OWEVER, THE SAME WAS NOT DEALT WITH , ACCORDINGLY IT WAS ARGUED THAT PROPER DIRECTION SHOULD BE GIVEN FOR ADJUDICATING THE SAME BY THE AO. IT WAS A LSO PLEADED THAT ISSUE UNDER CONSIDERATION IS SQUARELY COVERED BY THE M A NO. 323/MUM/2017 M/S.CAN PROPERTIES PVT.LTD., 2 DECISION OF THE MUMBAI TRIBUNAL IN CASE OF PREMSUDHA EXPORTS (P) LTD., 110 ITD 158 WHICH WAS ALSO ARGUED DURING THE COURSE OF HEARING. 3. WE HAVE CONSIDERED RIVAL CONTENTIONS AND CAREFUL LY GONE THROUGH THE MISCELLANEOUS PETITION AS WELL AS THE ORDER PASSED BY THE TRIBUNAL DATED 25/05/2016. WE FOUND THAT ADDITIONAL GROUND SO RAISED BY THE ASSESSEE HAS BEEN REPRODUCED BY THE TRIBUNAL IN PARA 2, HOWEVER, THE SAME WAS NOT ADJUDICATED. WE ALSO FOUND THAT ASSESSEE HAS CITED THE DECISION OF THE TRIBUNAL IN CASE OF PREMSUDHA EXPORTS (P) LTD., DURING THE COURSE OF ORIGINAL HEARING, THE SAME ALSO COULD NOT BE GIVEN EFFECT . ACCORDINGLY, WE RECTIFY THE ORDER AND WE DIR ECT THE AO AS UNDER: - THE ASSESSMENT IS ALREADY SET ASIDE. WE DIRECT THE A.O. ALSO TO LOOK INTO THE CLAIM OF THE ASSESSEE U/S. 23(L)(C) AS ALL THE FACTS RELEVANT ARE AVAILABLE BEFORE THE A.O., HE IS DIRECTED TO ALLOW THE RELIEF U/S. 23(L)(C) IN VIEW OF TH E TRIBUNAL'S DECISION IN THE CASE OF PREMSUDHA EXPORTS (P) LTD VS. ACIT (CC) MUMBAI (2008) 110 ITD 158 (MUM) AFTER DUE VERIFICATION. 4. IN THE RESULT, MA FILED BY THE ASSESSEE IS ALLOWED IN TERMS INDICATED HEREINABOVE. O RDER PRONOUNCED IN THE OPEN COURT ON THIS 26 / 12 /2017 S D/ - (R.C.SHARMA) S D/ - ( PAWAN SINGH ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED 26 / 12 /201 7 KARUNA SR. PS M A NO. 323/MUM/2017 M/S.CAN PROPERTIES PVT.LTD., 3 COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//