FREE TRADE UNION MULTIPURPOSE PROJECT TRUST, MUMBAI V. ASSISTANT COMMISSIONR OF CENTRAL CIRCLE 43, MUMBAI

MA 324/MUM/2017

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6243 (ITAT-MUMBAI)
• Duration Of Justice: 7 month(s) 13 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-02-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Assessment Year: 2003-2004
• Appeal Filed On: 03-07-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V JENARDHANAN
• Assessee Lawyers: N R AGRAWA LAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, BENCH E, MUM BAI BEFORE SHRI G.S. PANNU, ACCOUNTANT MEMBER AND SHRI PAWAN SINGH, JUDICIAL MEMBER M.A. NO. 324/MUM/2017 IN ITA NO.1336/MUM/2014 A Y : 2003-04 M/S FREE TRADE UNION MULTIPURPOSE PROJECT TRUST, KENNEDY HOUSE, 4 TH FLOOR, GOREGAONKAR ROAD, MUMBAI- 400007. PAN: AAATF0003F VS. ACIT 43 (NOW TRANSFERRED TO ITO (EXEMPTION)-1(3), 6 TH FLOOR, AAYAKAR BHAVAN, M.K. MARG, MUMBAI-400020. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI N. R. AGRAWA L(AR) REVENUE BY : SHRI V. JEN ARDHANAN (DR) DATE OF HEARING : 16.02.2018 DATE OF ORDER : 16.02.2018 ORDER UNDER SECTION 254(2) OF INCOME-TAX ACT PER PAWAN SINGH, JUDICIAL MEMBER 1. THIS MISCELLANEOUS APPLICATION (MA) IS DIRECTED BY ASSESSEE FOR RECTIFICATIONS OF MISTAKE IN ORDER DATED 16.12.2015 . VIDE ORDER DATED 16.12.2015, THE TRIBUNAL DECIDED THE CROSS APPEAL O F THE PARTIES FOR AY 2003-04. IN THE APPLICATION, THE APPLICANT/ASSESSEE CONTENDED THAT THE GROUNDS OF APPEAL RAISED BY THE PARTIES ARE DIFFERE NT. THE TRIBUNAL WHILE DISMISSING THE APPEAL OF THE ASSESSEE ALLOWED THE R EVENUES APPEAL WITHOUT DISCUSSING THE GROUND OF APPEAL RAISED BY REVENUE. THUS, THERE IS MISTAKE APPARENT IN THE ORDER PASSED BY THE TRIBUNAL WHICH REQUIRES RECTIFICATION. 2. WE HAVE HEARD THE LD. AR OF THE ASSESSEE AND LD. DR FOR THE REVENUE AND PERUSED THE MATERIAL AVAILABLE ON RECORD. THE LD. A R OF THE ASSESSEE ARGUED MA 324/M /17- M/S FREE TRADE UNION MULTIPURPOSE PROJECT TRUS T 2 ON THE SIMILAR LINE AS CONTENDED IN THE MISCELLANEO US APPLICATION. ON THE CONTRARY, THE LD. DR FOR THE REVENUE CONCEDED THAT THERE IS NO DISCUSSION ABOUT THE GROUNDS OF APPEAL RAISED BY REVENUE. 3. WE HAVE CONSIDERED THE RIVAL SUBMISSION OF THE PART IES AND PERUSED THE ORDER PASSED ON 16.12.2015. WE HAVE SEEN THAT THE G ROUNDS OF APPEAL RAISED BY ASSESSEE IN ITS APPEAL AND THE GROUNDS OF APPEAL RAISED BY REVENUE ARE DIFFERENT. WE HAVE FURTHER NOTED THAT WHILE DIS MISSING THE APPEAL OF THE ASSESSEE IN SUSTAINING THE DENIAL OF EXEMPTION, THE APPEAL OF THE REVENUE WAS TREATED AS ALLOWED. WE HAVE FURTHER NOTED THAT THE APPEAL OF THE REVENUE WAS ALLOWED WITHOUT DISCUSSING THE GROUNDS OF APPEAL AND THE FACTS RELATED THEREWITH. CONSIDERING THE FACT THAT IS NO DISCUSSION ABOUT THE FACTS RELATED WITH GROUNDS OF APPAL AND THE SUBMISS ION OF RESPECTIVE PARTIES, WE FIND THAT NON-CONSIDERATION OF GROUNDS OF APPEAL AND THE FACT THEREOF ARE MISTAKE APPARENT. HENCE, THE ORDER QUA THE APPEAL OF REVENUE BEING ITA NO. 1336/M/14 FOR AY 2003-04 IS RECALLED. THE CASE IF NOW FIXED FOR HEARING ON 05.04.2018. ISSUANCE OF FRESH NOTICE IS DISPENSED WITH AS THE PARTIES WERE INFORMED IN THE COURT DURING TH E HEARING OF THE CASE. 4. IN THE RESULT, MA FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON TH IS 16 TH DAY OF FEBRUARY 2018. SD/- SD/- (G.S. PANNU) (PAWAN SINGH) ACCOUNTANT MEMBER JU DICIAL MEMBER MUMBAI; DATED 16/02 /2018 S.K.PS MA 324/M /17- M/S FREE TRADE UNION MULTIPURPOSE PROJECT TRUS T 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/