ITO 14(3)(3), V. PRAMIT TEXTILES,

MA 40/MUM/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2128 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 29 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-07-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2002-2003
• Appeal Filed On: 05-02-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIKASH AGARWAL
• Section: 69

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, MUMBAI . . , !'#$ , % &' BEFORE SHRI H.L. KARWA, PRESIDENT AND SHRI N.K. BILLAIYA, AM M.A. NOS. 40 TO 45/MUM/2014 (ARISING OUT OF ITA NOS. 3948 TO 3953/MUM/2012 ( ( ( ( ( / ASSESSMENT YEARS : 2002-03 TO 2007-08 M.A. NOS. 46 TO 49/MUM/2014 (ARISING OUT OF ITA NOS. 4012 TO 4015/MUM/2012 ( ( ( ( ( / ASSESSMENT YEARS : 2002-03 TO 2005-06 M.A. NOS. 50 & 51/MUM/2014 (ARISING OUT OF ITA NOS. 4020 &4021/MUM/2012 ( ( ( ( ( / ASSESSMENT YEARS : 2006-07 & 2007-08 THE ITO-14(3)(3), EARNEST HOUSE, NARIMAN POINT, MUMBAI-400 021 M/S. PRAMIT TEXTILES, 15/23, L.K. HOUSE, 1 ST FLOOR, GANESH WADI, CHIRA BAZAR, KALBADEVI, MUMBAI-400 002 ') % ./ *+ ./PAN/GIR NO. : AAAFP 2631G ( ), /APPELLANT ) .. ( -.), / RESPONDENT ) ), / / APPLICANT BY : ` SHRI VIKASH AGARWAL - .), 0 / /RESPONDENT BY : SHRI VIJAY MEHTA 0 12% / DATE OF HEARING :04.07.2014 34( 0 12% / DATE OF PRONOUNCEMENT :04.07.2014 &5 / O R D E R PER N.K. BILLAIYA, AM: THESE MISCELLANEOUS APPLICATIONS BY THE REVENUE ARE ARISING OUT OF THE ORDER OF THE TRIBUNAL IN ITA NOS. 3948 TO 3953, 4012 TO 4015 AND 4020 & 4021/M/2012. M.A. NOS. 40 TO 51/M/2014. 2 2. THE SOLE REASON FOR FILING OF THESE MISCELLANEOU S APPLICATIONS ARE THAT ACCORDING TO THE REVENUE, THE TRIBUNAL HAS NOT APPRECIATED THE GROUNDS RAISED BY THE REVENUE ON THE ISSUE OF ADDIT ION U/S. 69 AND PEAK ADDITION ON THE BASIS OF CASH INVESTED FOR PURCHAS E MADE IN GREY MARKET. FURTHER, THE TRIBUNAL HAS ALSO IGNORED THE DECISION OF THE TRIBUNAL C BENCH, AHMEDABAD IN THE CASE OF M/S. VIJAY PROTEINS VS ACIT 58 ITD 428. 3. HAVING HEARD BOTH SIDES, WE FIND THAT THE REVENU E HAS FILED MISCELLANEOUS APPLICATIONS U/S. 254(2) BEARING M.A. NOS. 464 TO 471/M/2013 IN THE CASE OF M/S. C. CHOTALAL & CO. WH EREIN IDENTICAL ISSUES WERE RAISED WITH SIMILAR WORDINGS. THE TRIB UNAL IN THOSE MISCELLANEOUS APPLICATIONS HAVE HELD AS UNDER: DURING THE COURSE OF THE PROCEEDING BEFORE THE TRIB UNAL, BOTH PARTIES AGREED THAT THE FACTS AND THE ISSUES A RE IDENTICAL WITH THOSE OF M/S. JITENDRA HARSHAD KUMAR TEXTILE (SUPRA ) AND ON THE BASIS OF THE AGREEMENT OF BOTH THE PARTIES, THE TRI BUNAL CONSIDERED THE AFORESAID DECISION OF THE TRIBUNAL, FINDINGS OF WHICH ARE INCORPORATED AT PAGE-7 OF ITS ORDER. WHILE DOING S O, THE DECISION OF VIJAY PROTEINS (SUPRA) REFERRED TO BY THE REVENUE I N THIS MISCELLANEOUS APPLICATION IS DULY CONSIDERED. THER EFORE, IN OUR CONSIDERED VIEW, THERE IS NO MISTAKE APPARENT FROM RECORD. ALL THESE MISCELLANEOUS APPLICATIONS FILED BY THE REVENUE ARE ACCORDINGLY DISMISSED. AS NO DISTINGUISHING FACTS HAVE BEEN BROUGHT TO OU R NOTICE, FOLLOWING THE ORDER OF THE TRIBUNAL IN THE AFOREMEN TIONED MISCELLANEOUS APPLICATIONS, THESE MISCELLANEOUS APPLICATIONS FILE D BY THE REVENUE ARE DISMISSED. M.A. NOS. 40 TO 51/M/2014. 3 4. IN THE RESULT, THE MISCELLANEOUS APPLICATIONS FI LED BY THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ON 4 TH JULY, 2014. &5 0 4( % 6 7&8 04.07.2014 4 0 9 SD/- SD/- (H.L. KARWA ) (N.K . BILLAIYA ) / PRESIDENT % &' / ACCOUNTANT MEMBER MUMBAI; 7& DATED 04.07.2014 . . ./ RJ , SR. PS &5 &5 &5 &5 0 00 0 -1! -1! -1! -1! :!(1 :!(1 :!(1 :!(1 / COPY OF THE ORDER FORWARDED TO : 1. ), / THE APPELLANT 2. -.), / THE RESPONDENT. 3. ; ( ) / THE CIT(A)- 4. ; / CIT 5. !<9 -1 , , / DR, ITAT, MUMBAI 6. 9= > / GUARD FILE. &5 &5 &5 &5 / BY ORDER, .!1 -1 //TRUE COPY// ? ?? ? / @ @ @ @ * * * * (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI