STUP CONSULTANTS PVT. LTD., MUMBAI V. ADDL.C.I.T. RG.3(3), MUMBAI

MA 377/MUM/2019

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 3670 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 12 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 13-11-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2009-2010
• Appeal Filed On: 01-07-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: CHOUDHARY ARUN KUMAR SINGH LD
• Assessee Lawyers: MAHESH MATHUR LD
• Section: 37

Judgement Text

1 MA NO.377/MUM/2019 ARISING OUT OF ITA NO.5827/MUM/2012 STUP CONSULTANTS PVT. LTD. ASSESSMENT YEAR-2009-10 IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI . . , , BEFORE HONBLE SHRI C.N. PRASAD, JM AND HONBLE SHRI MANOJ KUMAR AGGARWAL, AM MISCELLANEOUS APPLICATION NO.377/MUM/2019 [ARISING OUT OF I.T.A. NO.5827/MUM/2012] ( / ASSESSMENT YEAR: 2009-10) STUP CONSULTANTS PVT. LTD. 1004-05, RAHEJA CHAMBERS 213, FREE PRESS JOURNAL MARG NARIMAN POINT, MUMBAI-400 021. / VS. ADDL. C IT - RANGE - 3 (3) ROOM NO.606, 6 TH FLOOR AAYKAR BHAVAN, M.K. ROAD MUMBAI-400 020. ./ ./PAN/GIR NO. AABCS-1945-E ( /APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : SHRI MAHESH MATHUR- LD.AR / RESPONDENT BY : SHRI CHOUDHARY ARUN KUMAR SINGH LD. DR / DATE OF HEARING : 30/08/2019 / DATE OF PRONOUNCEMENT : 13/11/2019 / O R D E R MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER): - 1. BY WAY OF THIS MISCELLANEOUS APPLICATION FOR ASS ESSMENT YEAR [AY] 2009-10, THE ASSESSEE SEEKS RECTIFICATION / RECALL OF TRIBUNAL ORDER DATED 11/12/2018. 2 MA NO.377/MUM/2019 ARISING OUT OF ITA NO.5827/MUM/2012 STUP CONSULTANTS PVT. LTD. ASSESSMENT YEAR-2009-10 2. DRAWING OUR ATTENTION TO THE PETITION, LD.AR SUB MITTED THAT CERTAIN DECISIONS WERE CITED DURING HEARING TO THE EFFECT T HAT INTEREST ON ARREARS OF TAXES MAY HAVE A DIFFERENT CHARACTER FROM TAX ITSEL F AND IF SUCH INTEREST IS NOT PENAL IN CHARACTER, IT CANNOT BE DISALLOWED. TH ESE DECISIONS, AS PER THE SUBMISSIONS, HAS NOT BEEN CONSIDERED WHILE ADJUDICA TING THE ISSUE. ANOTHER SUBMISSION MADE ARE THAT DOCUMENTARY EVIDENCES SUBM ITTED IN THE PAPER- BOOK IN SUPPORT OF THE CONCLUSION THAT COMPENSATORY PAYMENT OF INTEREST IS NOT PART AND PARCEL OF TAX OR OF THE SAME COLOR AND CHARACTER AND IS INDEPENDENT OF TAX HAVE NOT BEEN DISCUSSED /CONSIDE RED. IN THE ABOVE BACKGROUND, LD. AR PLEADED FOR RECTIFICATION / RECA LL OF THE ORDER. THE LD. DR, ON THE OTHER HAND, SUBMITTED THAT ALL ASPECTS A RE WELL CONSIDERED BY THE BENCH WHILE ADJUDICATING THE APPEAL AND THE ASSESSE E IS MERELY SEEKING REVIEW OF THE ORDER WHICH WAS IMPERMISSIBLE. 3. UPON DUE CONSIDERATION OF ORDER UNDER CONSIDERAT ION, WE FIND THAT THE SOLITARY ISSUE INVOLVED UNDER THE APPEAL WAS DISALL OWANCE OF INTEREST PAID U/S 234B, 234C, 234D U/S 37 OF THE INCOME TAX ACT, 1961. THE BENCH, WHILE CONSIDERING ALL THE ASPECTS INCLUDING ARGUMEN TS MADE DURING HEARING OF APPEAL, ADJUDICATED THE STATED ISSUES VIDE PARA NOS. 4.1 TO 5 OF THE ORDER. FINALLY, THE APPEAL WAS PARTLY ALLOWED. WE FIND THA T ARGUMENTS MADE IN THIS PETITION BEFORE US WERE WELL CONSIDERED BY THE BENC H WHILE ADJUDICATING THE ISSUE AND AN OPINION HAS ALREADY BEEN EXPRESSED IN THE ORDER. WE FIND THE APPLICATION TO BE NOTHING MORE THAN AN APPLICATION WHICH IS SEEKING REVIEW 3 MA NO.377/MUM/2019 ARISING OUT OF ITA NO.5827/MUM/2012 STUP CONSULTANTS PVT. LTD. ASSESSMENT YEAR-2009-10 OF THE ORDER. THEREFORE, WE FIND NO REASON TO INTER FERE IN THE ORDER, IN ANY MANNER. 4. RESULTANTLY, THE APPLICATION STAND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 13 TH NOVEMBER, 2019. SD/- SD/- (C.N. PRASAD) (MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 13/11/2019 SR.PS:-JAISY VARGHESE / 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 FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI.