ROYAL STAR JEWELLERY P.LTD, V. ASST CIT CIR 8(3),

MA 333/MUM/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2536 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 5 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 12-11-2014
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: K
• Assessment Year: 2008-2009
• Appeal Filed On: 07-07-2014
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: N PADMANABHAN
• Assessee Lawyers: M SUBRAMANIAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL K , BENCH MUMBAI BEFORE SHRI I.P.BANSAL , JM & SHRI R.C.SHARMA, AM M A NO. 333 / MUM/20 1 4 (ARISING OUT OF ITA NO . 7065 /MUM/20 12 ) ( ASSESSMENT YEAR : 200 8 - 20 0 9 ) M/S ROYAL STAR JEWELLERY PRIVA TE LIMITED, GEM AND JEWELLERY COMPLEX III, G - 40, SEEPZ, ANDHERI (EAST), MUMBAI - 400 096 VS. ACIT, CIR - 8(3), MUMBAI PAN NO. : A A DCR 2371 P APP LICANT .. RESPONDENT ASSESSEE BY : SHRI M.SUBRAMANIAN REVENUE BY : SHRI N.PADMANABHAN DATE OF HEARING : 17 TH OCTO BER , 201 4 DATE OF PRONOUNCEMENT : 12 TH NOVEMBER, 201 4 O R D E R PER R.C.SHARMA, AM : THIS MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS ARISING OUT OF THE ORDER OF THE TRIBUNAL PASSED IN ITA NO. 7065 /MUM/2012 , DATED 17 - 7 - 2013 . 2 . IT WAS CONTENDED BY THE LEARNED AR THAT GROUND NO. 6, 16 & 17 RAISED IN THE APPEAL, HAVE NOT BEEN DEALT BY THE TRIBUNAL, WHICH AMOUNTS TO MISTAKE APPARENT ON RECORD, THEREFORE, THE SAME SHOULD BE RECALLED FOR DECIDING AFRESH. 3 . WE HAVE CONSI DERED RIVAL CONTENTIONS AND GONE THROUGH THE MISCELLANEOUS APPLICATION AS WELL AS ORDER OF THE TRIBUNAL, WHEREIN WE FOUND THAT TRIBUNAL IN PARA 9 HAS DEALT WITH THE ISSUE ARISING IN RESPECT OF MANUFACTURING SEGMENT. HOWEVER, THE TRIBUNAL HAS OMITTED TO DEA L WITH THE GROUND NO.6 VIS - - VIS THE TRADING SEGMENT AS HAS BEEN DONE IN RESPECT OF MANUFACTURING SEGMENT IN PARA 8.5 AND 8.6 OF ITS ORDER DATED 17 - 7 - 2013. MA NO. 333 /20 1 4 2 4. SIMILARLY, WE FOUND THAT THE TRIBUNAL HAS OMITTED TO DEAL WITH GROUND NO. 16 & 17 OF ASSESSEES APPEAL, WHICH AMOUNTS TO MISTAKE APPARENT ON THE RECORD. ACCORDINGLY, WE RECALL THE ORDER OF THE TRIBUNAL DATED 17 - 7 - 2013 TO A LIMITED EXTENT OF DECIDING GROUND NO.6 VIS - - VIS TRADING SEGMENT AS WELL AS GROUND NO.16 & 17 OF ASSESSEES APPEAL 5 . IN THE RESU LT, THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS ALLOWED IN PART, IN THE TERMS INDICATED HEREINABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 12/11/ 201 4 . SD/ - ( I.P.BANSAL ) SD/ - ( R.C. SHARMA ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 12/11 /2014 /PKM , 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//