ROSY BLUE (INDIA) PVT. LTD., MUMBAI V. DCIT CENT. CIR. 46 (NOW DCIT - CC -8(3), MUMBAI

MA 329/MUM/2023

AI Insights

The case involves M/s. Rosy Blue (India) Pvt. Ltd., which appealed against a disallowance made by the Ld. CIT(A) regarding 5% of alleged bogus purchases for the Assessment Year 2011-12. Initially, there was a clerical error in the Tribunal's order dated 12/09/2022, where the ground number was incorrectly mentioned, and the decision was wrongly stated as 'dismissed'. Upon realization, the Tribunal corrected the error and aligned the decision with a precedent set in a similar case for the previous Assessment Year. The Tribunal's decision to allow the appeal was based on the identical facts and circumstances as those in the earlier case.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 302599 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 26 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-07-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Next Hearing Date: 20-07-2023
• Assessment Year: 2011-2012
• Appeal Filed On: 24-04-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, „D‟ BENCH MUMBAI BEFORE: SHRI AMIT SHUKLA, JUDICIAL MEMBER & SHRI AMARJIT SINGH, ACCOUNTANT MEMBER MA No.329/Mum/2023 (Arising out of ITA No.6756/Mum/2018) (Assessment Year :2011-12) M/s. Rosy Blue (India) Pvt. Ltd. 1608/09, Prasad Chambers Opera House, Mumbai- 400 004 Vs. Dy. Commissioner of Income Tax, Central Circle-46 Mumbai PAN/GIR No.AACCR2413B (Appellant) .. (Respondent) Assessee by Shri Nitesh Joshi Revenue by Ms Mahita Nair Date of Hearing 21/07/2023 Date of Pronouncement 21/07/2023 CORRIGENDUM It has been brought to our notice by the assessee that there is a mistake apparent in para 14 of the Tribunal order in ITA No.6756/Mum/2018 dated 12/09/2022 wherein it has been mentioned Ground No.6 instead of ground No.5 and decision on this issue was wrongly mentioned as ‘dismissed’. 2. We are convinced with the submissions made by the assessee and accordingly, we deem it fit to modify para 14 of our order dated 12/09/2022. MA No. 329/Mum/2023 M/s. Rosy Blue India Pvt. Ltd. 2 “14. The sole ground raised by assessee in Assessment Year 2011-12 relates to disallowance made by Ld. CIT(A) @ 5% of alleged bogus purchases made by the assessee company. Both the parties agreed that the facts involved in the said issue are exactly identical to those decided by us in Ground no.5 of Revenue's appeal for Assessment Year 2010-11. Therefore, our decision therein shall apply mutatis mutandis to the present issue and accordingly, appeal of assessee is allowed.” 3. All other contents of the Tribunal order dated 12/09/2022 shall remain unchanged. This corrigendum shall be read as part and parcel of the earlier Tribunal order dated 12/09/2022. Order pronounced on 21 st July 2023. Sd/- (AMARJIT SINGH) Sd/- (AMIT SHUKLA) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai; Dated 21/07/2023 KARUNA, sr.ps MA No. 329/Mum/2023 M/s. Rosy Blue India Pvt. Ltd. 3 Copy of the Order forwarded to : BY ORDER, (Asstt. Registrar) ITAT, Mumbai 1. The Appellant 2. The Respondent. 3. CIT 4. DR, ITAT, Mumbai 5. Guard file. //True Copy//