ACIT, RANGE 9(1)(2), MUMBAI V. ANKUR ENERGY RESOURCES PVT. LTD, MUMBAI

MA 393/MUM/2023

AI Insights

The case involves a miscellaneous application (MA) filed by the revenue in relation to an earlier Income Tax Appellate Tribunal order concerning Ankur Energy Resources Pvt Ltd for the assessment year 2013-14. The original Tribunal order had allowed the assessee's appeal for statistical purposes and restored the matter to lower authorities for verification, but it was unclear whether the verification was to be done by the Assessing Officer or the CIT(A). The revenue sought clarification and rectification of this aspect. The Tribunal, upon reviewing the submissions and the original order, modified the order to explicitly state that the Assessing Officer should examine and verify the claims and decide on the merits, ensuring the assessee is provided an adequate opportunity of hearing.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 302560 (ITAT-MUMBAI)
• Duration Of Justice: 3 month(s) 6 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 29-08-2023
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 24-08-2023
• Assessment Year: 2013-2014
• Appeal Filed On: 23-05-2023
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, “A” BENCH MUMBAI BEFORE SHRI BR BASKARAN, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIALMEMBER M.A. No. 393/MUM/2023 (Arising out of ITA No. 3326/MUM/2019, A.Y.2013-14) ACIT, Range 9(1)(2), Aayakar Bhavan, Room No. 533, 5 th Floor, M.K.Road, Mumbai- 400020. Vs. Ankur Energy Resources Pvt Ltd, Plot No. 115/IT-03, Raj Chambers, RKParmhans, Andheri (E) Mumbai-400069. PAN/GIR No. AAICA9929M ( /Applicant) ( /Respondent) Assessee by None Revenue by Shri Ashok Kumar Ambastha.AR स ु नव ई /Date of Hearing 25.08.2023 घोषण /Date of Pronouncement 29.08.2023 ORDER PER PAVAN KUMAR GADALE, JM: The revenue has filed the miscellaneous application (MA) in ITA No. 3326/Mum/2019 for the A.Y. 2013-14 seeking rectification in the Hon’ble Tribunal order. 2 M.A. No. 393/MUM/2023 (A.Y.: 2013-14) 2. At the time of hearing, the Ld.DR submitted that the Hon’ble Tribunal in the order dated 21.10.2022 in Para 6 at Page 9 has observed as under: “6. ......... We considering the facts, nature of business of the assessee are of the opinion that the assessee has to explain in detail on the both the disallowances made by the AO which satisfy the concept of commercial expediency. Accordingly in the interest of substantial justice, we provide one more opportunity to the assessee to substantiate the transactions with funds flow statement and the requisites details on the claims with the evidences and allow the grounds of appeal of the assessee for statistical purposes.” 3. During the course of hearing, none appeared on behalf of the assessee and we heard the Ld.DR submissions that the Honble Tribunal has allowed the assessee appeal for statistical purposes by restoring to the lower authorities for verification, but it was not clear whether details to be verified by the Assessing Officer or CIT(A). Accordingly, we modify the observations of the Hon’ble Tribunal at Para 6 Page 9 at 20 th line to be read as under: “6. ........... We, considering the facts and nature of business of the assessee, are of the opinion that the assessee has to explain in detail on the both the disallowances made by the AO which satisfy the concept of commercial expediency. Accordingly in the interest of 3 M.A. No. 393/MUM/2023 (A.Y.: 2013-14) substantial justice, we provide one more opportunity to the assessee to substantiate the transactions with funds flow statement and the requisites details on the claims with the evidences and restore the disputed issue to the file of the Assessing officer to examine and verify the claim and decide on the merits. And the assessee should be provided adequate opportunity of hearing and the assessee should cooperate in submitting the information. Accordingly, allow the grounds of appeal of the assessee for statistical purposes” 4. Accordingly, with the above directions, the miscellaneous application filed by the revenue is allowed. Order pronounced in the open court on 29.08.2023. Sd/- Sd/- (BR BASKARAN) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai, Dated: 29/08/2023 KRK Copy of the Order forwarded to: 1. The Appellant, 2. The Respondent 3. The CIT(A)- 4. CIT 5. DR, ITAT, Mumbai 6. Guard file. BY ORDER, (Dy./Asstt. Registrar)ITAT, Mumbai