ACIT (IT) CIRCLE 3 (3) (1) , MUMBAI V. NTUC INCOME INSURANCE CO OPERATIVE LTD, MUMBAI

MA 35/MUM/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 6799 (ITAT-MUMBAI)
• Duration Of Justice: 11 month(s) 23 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 15-01-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2005-2006
• Appeal Filed On: 23-01-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V IJAYKUMAR G SUBRAMANYAM
• Section: 143(3)

Judgement Text

IN THE INC OME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI BEFORE SHRI S AKTIJIT DEY, JM AND SHRI S. RIFAUR RAHMAN, A M M .A. NO . 35 /MUM/2020 ARISING OUT OF M .A. NO. 728/MUM/2018 (ASSESSMENT YEAR: 2005 - 06 ) ACIT (IT) CIRCLE 3 (3)(1) MUMBAI, PIN - / VS. N TUC INCOME INSURANCE CO - OPERATIVE LTD. C/O - BSR & CO. LLP, 5 TH FLOOR, LODHA EXCELUS, APPOLO MILLS COMPOUND, N. M. JOSHI MARG, MAHALAXMI, MUMBAI - 400 011 ./ ./ PAN NO. AAC CN1839K ( / APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : SHRI VIJAY KUMAR G. SUBRAMANYAM, DR / RESPONDENT BY : SHRI NIRAJ SHETH, AR / DATE OF HEARING : 08/01 /20 2 1 / DATE OF PRONOUNCEMENT : 15.01.2021 / O R D E R PER S. RIF AUR RAHMAN, ACCOUNTANT MEMBER : THE PRESENT MISCELLANEOUS APPLICATION HAS BEEN FILED BY THE REVENUE AGAINST THE EARLIER MA NO. 728/MUM/2018 FOR RECTIFYING THE MISTAKE APPARENT ON RECORD ON THE FOLLOWING GROUNDS: - 2 M.A. NO. 35 /MUM/2020 NTUC INCOME INSURANCE CO - OPERATIVE LTD. ( I ) 'ON THE FACTS AND CIRCUMSTANCES OF THE C ASE AND IN LAW THE HON'BLE TRIBUNAL WAS NOT JUSTIFIED IN ADMITTING THE ADDITIONAL GROUND OF APPEAL WITHOUT CONSIDERING THE FACT THAT THE HON'BLE BOMBAY HIGH COURT HAS DISMISSED THE WRIT PETITION OF THE RESPONDENT ON THE SAME ISSUE IN THE W.P. NO. 376 OF 20 12 IN THE RESPONDENT'S OWN CASE FOR THE IMPUGNED A.Y. 2005 - 06 ON THE SAME ISSUE OF REOPENING'. ( II ) 'ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW THE HON'BLE TRIBUNAL WAS NOT JUSTIFIED IN ADMITTING THE ADDITIONAL GROUND OF APPEAL WITHOUT CONSIDERIN G THE FACT THAT THE ORDER APPEALED AGAINST BEFORE THE ITAT WAS THE ORDER OF THE LD. CIT(A) ARISING FROM THE ORDER DATED 14.05.2013 OF THE AO U/S. 143(3) R.W.S. 263 DATED 14.05.2013 AND NOT THE EARLIER ORDER DATED 29.12.2008 PASSED BY THE AO U/S. 143(3) R.W .S. 147. 2 . AT THE TIME OF HEARING, LD. AR BROUGHT TO OUR NOTICE THAT THE REVENUE FILED THE PRESENT MA AGAINST THE EARLIER MA AND IN RESPONSE TH E EARLIER MA, ITAT HAS RECALLED THE ORDER FOR THE LIMITED PURPOSE T O ADJUDICATE THE ADDITIONAL GROUNDS OF APPEAL . SUBSEQUENTLY, ASSESSEE HAS MOVED THE APPLICATION UNDER THE VIVAD SE VISHWAS ACT, 2020 AND ACCORDINGLY, ITAT HAS ALREADY DISMISSED THE APPEAL OF THE ASSESSEE AS WITHDRAWN VIDE ORDER DATED 21.1 2.2020. THE COPY OF THE SAME IS PLACED ON RECORD. 3. CONSIDER ING THE ABOVE FACTS AND SUBMISSIONS MADE BEFORE US, WE NOTICE THAT THE ISSUE RAISED IN THIS MA ON WHICH APPEAL WAS ALREADY DISPOSED OFF AS WITHDRAWN UNDER VSV SCHEME 2020, THEREFORE THIS MA FILED BY THE REVENUE 3 M.A. NO. 35 /MUM/2020 NTUC INCOME INSURANCE CO - OPERATIVE LTD. BECOMES INFRUCTUOUS. ACCORDINGLY, THE PRESENT MA FILED BY THE REVENUE IS DISMISSED . 4 . IN THE NET RESULT, THE PRESENT MISCELLANEOUS APPLICATION FILED BY THE REVENUE STANDS DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON 15.01. 2021 . SD/ - SD/ - ( SAKTIJIT DEY ) (S. RIFAUR RAHMAN ) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI ; DATED : 15/01 / 2021 SR.PS DHANANJAY. / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT - CONCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD F I LE / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI