J.B. ADVANI & CO. P. LTD, V. DCIT CIR 2(2),

MA 338/MUM/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6989 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 24 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 09-09-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: I
• Assessment Year: 2003-2004
• Appeal Filed On: 15-06-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANTAM BOSE

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH I : MUMBAI BEFORE SHRI R. K. PANDA, A.M. AND SHRI VIJAY PAL RA O, J.M. MA NO.338/MUM/2011 ARISING OUT OF ITA NO.5586/MUM/2009 ASSESSMENT YEAR: 2003-04 M/S. J. B. ADVANI & COMPANY P. LTD. ADOR HOUSE, 4 TH FLOOR, 6 K DUBASH MARG, MUMBAI 400 023 PAN NO: AAACJ 1966 D VS DCIT 2(2) AAYAKAR BHAVAN, M.K. ROAD, MUMBAI-400 020 (APPELLANT) (RESPONDENT) APPELLANT BY : MS. ARTI SATHE RESPONDENT BY : SHRI S H ANTAM BOSE DATE OF HEARING : 09 .0 9 .2011 DATE OF PRONOUNCEMENT : 09.09.2011 ORDER PER R. K. PANDA (AM) : THE ASSESSEE THROUGH THIS MISCELLANEOUS APPLICATI ON SUBMITS THAT MISTAKE HAS CREPT IN THE ORDER OF THE TRIBUNAL SINC E THE GROUND OF APPEAL NO.1 RAISED BY THE ASSESSEE HAS NOT BEEN DECIDED. 2. THE LD. COUNSEL FOR THE ASSESSEE REFERRING TO F ORM NO.36 FILED ALONG WITH THE APPEAL MEMO IN ASSESSEES APPEAL SUBMITTED THAT IN GROUND OF APPEAL NO.1 THE ASSESSEE HAS CHALLENGED THE ORDER O F THE LD. CIT(A) IN UPHOLDING THE ACTION OF THE AO IN REOPENING THE ASS ESSMENT U/S.147/148 OF THE I.T. ACT. REFERRING TO THE ORDER OF THE TRIBUNA L, SHE SUBMITTED THAT THIS MA NO.338/MUM/2011 M/S. J. B. ADVANI & COMPANY P. LTD. 2 GROUND INADVERTENTLY HAS NOT BEEN DECIDED BY THE TR IBUNAL, FOR WHICH A MISTAKE HAS CREPT IN THE ORDER OF THE TRIBUNAL. SHE ACCORDINGLY, SUBMITTED THAT APPROPRIATE ORDER MAY BE PASSED BY THE TRIBUNA L TO RECTIFY THE ABOVE MISTAKE. 3. THE LD. DR ON THE OTHER HAND, FAIRLY CONCEDED T HAT GROUND OF APPEAL NO.1 HAS NOT BEEN DECIDED BY THE TRIBUNAL. 4. AFTER HEARING BOTH THE SIDES WE FIND THAT ALTHOU GH A SPECIFIC GROUND CHALLENGING THE VALIDITY OF REASSESSMENT PROCEEDING S WAS RAISED BY THE ASSESSEE IN GROUND OF APPEAL NO.1, THE TRIBUNAL INA DVERTENTLY HAS NOT DECIDED THIS GROUND, ALTHOUGH THE OTHER GROUNDS RAI SED BY THE ASSESSEE HAVE BEEN DECIDED. THEREFORE, A MISTAKE HAS CREPT IN THE ORDER OF THE TRIBUNAL WHICH REQUIRES RECTIFICATION. WE, THEREFORE, RECALL THE ORDER OF THE TRIBUNAL FOR THE LIMITED PURPOSE OF DECIDING THE GROUNDS OF APPE AL NO.1 RAISED BY THE ASSESSEE. THE REGISTRY IS DIRECTED TO ISSUE NOTICE OF HEARING IN NORMAL COURSE. 5. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF H EARING ITSELF I.E. ON 09.09.2011. SD/- SD/- ( VIJAY PAL RAO ) ( R. K. PA NDA ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DT: 09/09/2011 MA NO.338/MUM/2011 M/S. J. B. ADVANI & COMPANY P. LTD. 3 COPY FORWARDED TO : 1. THE APPELLANT, 2. THE RESPONDENT, 3. THE C.I.T. 4. CIT (A) 5. THE DR, B - BENCH, ITAT, MUMBAI //TRUE COPY// BY ORDER ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI ROSHANI