TATA POWER TRADING CO. LTD, MUMBAI V. DCIT CIR 8(3)(1), MUMBAI

MA 326/MUM/2019

• Counselvise Citation: [2019] 113 COUNSELVISE.COM (IT) 6356 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 27 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 13-11-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2012-2013
• Appeal Filed On: 17-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: AJAY KUMAR OJHA
• Assessee Lawyers: MILIN THAKORE
• Keywords: Gift

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH E , MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER & SHRI RAJESH KUMAR , HON'BLE ACCOUNTANT MEMBER M .A. NO. 326 /MUM/201 9 [ ARISING OUT OF ITA.NO. 910/MUM/2017 (A.Y: 20 12 - 13) ] M/S. TATA POWER TRADING CO. LTD., CORPORATE CENTRE, A BLOCK 34 SANT TUKARAM ROAD CARNAC BUNDER, MUMBAI 400 009 PAN: AABCT9887 A V. DY. CIT, CIRCLE 8(3)(1) ROOM NO. 615, 6 TH FLOOR AAYAKAR BHAVAN M.K. ROAD MUMBAI - 400 020 (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI MILIN THAKORE DEPARTMENT BY : SHRI AJAY KUMAR OJHA DATE OF HEARING : 12.07.2019 DATE OF PRONOUNCEMENT : 13 . 11 .2019 O R D E R PER C. N. PRASAD (JM) 1. THROUGH THIS MISCELLANEOUS APPLICATION ASSESSEE IS SEEKING THE RECTIFICATION OF THE ORDER OF THE TRIBUNAL IN ITA.NO. 910/MUM/2017 DATED 21.12.2018. 2. IN THE MISCELLANEOUS APPLICATION ASSESSEE CONTENDS THAT IN RESPECT OF THE DISALLOWANCE MADE TOWARDS GIFT EXPENSES THE ASSESSEE SUBMITTED A C OPY OF THE ORDER OF THE TRIBUNAL IN ASSESSEES OWN CASE IN ITA.NO. 2724/MUM/2016 FOR THE A.Y. 2011 - 12 WHEREIN THE TRIBUNAL DELETED THE DISALLOWANCE IN RESPECT OF THE GIFT EXPENSES. HOWEVER, THE TRIBUNAL WHILE DISPOSING OFF THE APPEAL FOR THE 2 M.A. NO.326/MUM/2019 M/S. TATA POWER TRADING CO. LTD., A.Y.2012 - 13 IN ITA.NO. 910/MUM/2017 RESTORED THE ISSUE OF DISALLOWANCE O F GIFT EXPENSES TO THE FILE OF THE ASSESSING OFFICER FOR DENOVO CONSIDERATION WITHOUT CONSIDERING THE ORDER OF THE TRIBUNAL FOR THE EARLIER ASSESSMENT YEAR, T HEREFORE, THIS I S A MISTAKE APPARENT ON RECORD. 3. LD. DR SUBMITTED THAT THE R E IS NO MISTAKE APPARENT ON RECO RD IN THE ORDER OF THE TRIBUNAL , T HEREFORE, MISCELLANEOUS APPLICATION IS LIABLE TO BE DISMISSED. 4. WE HAVE HEARD THE RIVAL SUBMISSIONS, PERUSED THE ORDER OF THE TRIBUNAL . WE FIND THAT TRIBUNAL CONSIDERED THE FACTS ON RECORD AND HELD THAT THE ISSUE H AS TO BE EXAMINED DENOVO BY THE ASSESSING OFFICER AND THUS RESTORED THE ISSUE TO THE FILE OF THE ASSESSING OFFICER. THE TRIBUNAL ON APPRECIATION OF THE FAC T S ON RECORD RESTORED THIS ISSUE TO THE FILE OF THE ASSESSING OFFICER FOR FRESH ADJUDICATION. IN VI EW OF THE MATTER , WE DO NOT SEE ANY MISTAKE APPARENT ON RECORD IN THE ORDER PASSED BY THE TRIBUNAL. THUS, MISCELL ANEOUS APPLICATION IS REJECTED. 5. IN THE RESULT, MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE 13 TH NOVEMBER , 2019 SD/ - SD/ - ( RAJESH KUMAR ) (C.N. PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI / DATED 13 / 11 / 2019 GIRIDHAR , S R. PS 3 M.A. NO.326/MUM/2019 M/S. TATA POWER TRADING CO. LTD., COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY// BY ORDER (ASSTT. REGISTRAR) ITAT, MUM