AHINSA JEWELLERY MFG.CO.P.LTD, MUMBAI V. INCOME TAX OFFICER-5(1)(1), MUMBAI

MA 361/MUM/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 2902 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 02-11-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 14-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHAUDHARY ARUN KUMAR SINGH
• Keywords: Rectification of order; Accommodation entries

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, AM M A NO. 361/MUM/2018 (ARISING OUT OF ITA NO. 4960/MUM/2017) ( ASSESSMENT YEAR: 2012 - 13 ) M/S. AHINSA JEWELLERY MFG. CO. P. LTD. 54, MANI BHUVAN, HUGHES ROAD, OPP. DHA RAM PLACE, OPERA HOUSE, MUMBAI - 400 007 VS. INCOME TAX OFFICER - 5(1)(1), 5 TH FLOOR, AYAKKAR BHAVAN, M. K.ROAD, MUMBAI PAN/GIR NO. AAICA 3320 J ( APPELLANT ) : ( RESPONDENT ) APPELLANT BY : SHRI PIYUSH CHHAJED RESPONDENT BY : SHRI CHAUDHARY ARUN KUM AR SINGH DATE OF HEARING : 02.11.2018 DATE OF PRONOUNCEMENT : 02.11 .2018 O R D E R PER SHAMIM YAHYA, A. M.: BY WAY OF THIS MISCELLANEOUS APPLICATION THE ASSESSEE SEEKS RECTIFICATION OF MISTAKE APPARENT FROM THE RECORD IN THE ORDER OF THIS TRIBUN AL IN ITA NO. 4960/MUM/2017 FOR ASSESSMENT YEAR 2012 - 13 VIDE ORDER DATED 05.02.2018. 2. IN THE MISCELLANEOUS APPLICATION, IT IS THE PLEA OF THE ASSESSEE THAT THE ORDER OF THE TRIBUNAL DEALS WITH THE INFORMATION FROM THE SALES TAX INVESTIGATION DEPARTMENT REGARDING THE HAWALA ENTRY OPERATOR. THAT THE ASSESSEE HAS RECEIVED BOGUS ACCOMMODATION ENTRIES FROM SUCH HAWALA ENTRY OPERATORS. T HE N THE REAFTER ON THE PREMISE THAT THE INVESTIGATION WAS CONDUCTED BY THE SALES TAX INVESTIGATION 2 MA NO. 361/MUM/2018 M/S. AHINSA JEWELLERY MFG. CO. P. LTD. DEPARTMENT, THE TRIBUNAL H AS PROCEEDED TO PASS THE ORDER. HOWEVER, THE LD. COUNSEL OF THE ASSESSEE SUBMITS THAT THIS IS THE MISTAKE APPARENT FROM THE RECORD INASMUCH AS THE ASSESSEES CASE RELATE TO DIT(INVESTIGATION) FORWARDING INFORMATION REGARDING SHRI BHANWARLAL JAIN GROUP INVO LVED IN PROVIDING ACCOMMODATION ENTRIES. 3. I HAVE HEARD BOTH THE COUNSEL AND PERUSED THE RECORDS. IT TRANSPIRES THAT THE MISTAKE APPARENT FROM THE RECORD IS CREPT INTO THE ORDER OF THE TRIBUNAL INASMUCH AS THE ORDER HAS BEEN PASSED ON THE BASIS OF THE B OGUS PURCHASE UNEARTHED BY THE SALES TAX DEPARTMENT. HOWEVER, THE ASSESSEES CASE IS DIFFERENT INASMUCH AS IT RELATES TO INFORMATION FROM SHRI BHANWARLAL JAIN GROUP. ACCORDINGLY, I RECALL THE AFORESAID ORDER OF THE TRIBUNAL. THE REGISTRY IS DIRECTED TO FIX THE CASE FOR HEARING IN THE NORMAL COURSE. 4. IN THE RESULT, TH IS MISCELLANEOUS APPLICATION FILED BY TH E ASSESSEE STANDS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 02.11.2018 SD/ - (S HAMIM YAHYA) A CCOUNTANT MEMBER MUMBAI ; DATED : 02.11.2018 ROS HANI , SR. PS 3 MA NO. 361/MUM/2018 M/S. AHINSA JEWELLERY MFG. CO. P. LTD. 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 ILE BY ORDER, (DY./ASSTT. REGISTRAR) ITAT, MUMBAI