LALITKUMAR M JAIN, MUMBAI V. INCOME TAX OFFICER 32(2)(1), MUMBAI

MA 331/MUM/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 2397 (ITAT-MUMBAI)
• Duration Of Justice: 6 month(s) 5 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 09-11-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 04-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC , BENCH MUMBAI BEFORE SHRI R.C.SHARMA, AM MA NO.331/MUM/2018 (ARISING OUT OF ITA NO. 3342 / MUM/20 1 7 ( ASSESSMENT YEAR : 2009 - 10 ) SHRI LALITKUMAR M. JAIN (PROP. OF M/S. LALIT STEEL INDUSTRIES) 111/112, SHIV DARS HAN SHIMOLI ROAD, BORIVALI (W) MUMBAI 400 092 VS. ITO 32(2)(1) PRATKYAKSHKAR BHAVAN BKC, BANDRA (E) MUMBAI 400 051 PAN/GIR NO . AABPJ1308F ( APPELLANT ) .. ( RESPONDENT ) ASSESSEE B Y SHRI DEVENDRA JAIN REVENUE BY SHRI MANOJ KUMAR SINGH DATE OF HEARING 09 / 11 /201 8 DATE OF PRONOUNCEMENT 09 / 11 /201 8 / O R D E R PER R.C.SHARMA (A.M) : THIS MA AROSE OUT OF ITA NO.3342/MUM/2017. 2. IT WAS CONTENDED BY LEARNED AR THAT ADDITIONAL GROUND WAS RAISED BEFORE THE TRIBUNAL TO THE EFFE CT THAT THE LD. CIT(A) ERRED IN UPHOLDING THE RE ASSESSMENT COMPLETED U/S.147 BY THE AO WITHOUT DISPOSING OFF THE OBJECTION FOR REOPENING, THEREBY VIOLATING THE LAW LAID DOWN BY HONBLE SUPREME COURT IN THE CASE OF GKN DRIVESHAFTS (INDIA) LTD., V. ITO (2003 ) 259 ITR 19(SC). M A NO. 331/MUM/2018 SHRI LALIT KUMAR M. JAIN 2 3. AS PER LEARNED AR, THIS GROUND WAS NOT DISPOSED BY THE TRIBUNAL IN ITS ORDER DATED 22/01/2018 WHICH AMOUNTS TO MISTAKE APPARENT FROM RECORD. 4. AS THE NON - DISPOSAL OF THE GROUND RAISED AMOUNTS TO MISTAKE APPARENT FROM RECORD, ACCORDIN GLY, I MODIFY THE ORDER AND RESTORE THE ISSUE WITH REGARD TO UPHOLDING RE - ASSESSMENT U/S.147 TO THE FILE OF THE AO TO VERIFY AS TO WHETHER OBJECTION RAISED BY THE ASSESSEE FOR ISSUE OF NOTICE U/S.148 HAS BEEN DI SPOSED OFF OR NOT. AFTER DISPOSING THE OBJEC TION SO RAISED BY ASSESSEE , AO IS TO RE - DECIDE THE ISSUE OF REOPENING IN TERMS OF DECISION OF HONBLE SUPREME COURT IN THE CASE OF GKN DRIVESHAFTS (INDIA) LTD., V. ITO (2003) 259 ITR 19(SC). I DIRECT ACCORDINGLY. 5. IN THE RESULT, M.A . IS DISPOSED OFF IN TERMS INDICATED HEREINABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 09 / 11 /201 8 SD/ - (R.C.SHARMA) ACCOUNTANT MEMBER MUMBAI ; DATED 09 / 11 /201 8 KARUNA SR. PS 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//