GEORGE KUSIEN, V. ITO 11(2)(3),

MA 41/MUM/2015

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4115 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 1 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-03-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2005-2006
• Appeal Filed On: 16-02-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIVEK ANAND PERPURNA
• Assessee Lawyers: B V JHAVERI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH G , MUMBAI BEFORE SHRI JOGINDER SINGH , JUDICIAL MEMBER AND SHRI R.C. SHARMA, ACCOUNTANT MEMBER MA NO. 41/MUM/2015 (OUT OF ITA NO. 6050 /MUM/201 1) : (A.Y : 200 5 - 0 6 ) SHRI GEORGE KURIEN 511, JOLLY BHAVAN NO. 1, 10, NEW MARINE LINES, MUMBAI 400 020. PAN : AA HPS4577P VS. ITO - 11(2)(3), MUMBAI ( APPLICANT ) (RESPONDENT) APPLICANT BY : SHRI B.V. JHAVERI REVENUE BY : SHRI VIVEK ANAND PERPURNA DATE OF HEARING : 21 /0 8 /201 5 DATE OF PRONOUNCEMENT : 16 /03/2016 O R D E R PER R.C. SHARMA, AM : THIS MISCELLANEOUS APPLICATION AROSE OUT OF ITA NO. 6050/MUM/2011, ORDER DT. 16.1.2015. 2. THROUGH THIS MISCELLANEOUS APPLICATION IT WAS SUBMITTED BY THE LD. AR THAT GROUND NOS. 6 TO 8 RAISED IN THE ORIGINAL APPEAL WITH RESPECT TO ADDITION OF RS.26,29,300/ - U/S 69B WERE NOT DECIDED BY THE TRIBUNAL, WHICH AMOUNTS TO MISTAKE APPARENT FROM THE RECORD. 3. WE HAVE CONSIDERED THE RIVAL CONTENTIONS AND FIND THAT GROUND WITH REGARD TO ADDITION U/S 69B AMOUNTING TO RS.26,29,300/ - , BEING 2 SHRI GEORGE KURIEN MA NO. 41/MUM/2015 ADDITION MADE BY THE AO OF THE DIFFERENCE IN AMOUNT OF RS.57,00,060/ - ACTUALLY PAID BY THE ASSESSEE AND THE AMOUNT OF RS.83,79,360/ - TAKEN BY THE STAMP DUTY AUTHORITY, WAS NOT DISPOSED OF BY THE TRIBUNAL WHILE DEC IDING THE APPEAL VIDE ORDER DT. 16.1.2015 AND IT AMOUNTS TO MISTAKE APPARENT FROM THE RECORD. ACCORDINGLY, WE RECALL ORDER DT. 16.1.2015 WITH THE LIMITED SCOPE OF DECIDING GROUND NOS. 6 TO 8 IN RESPECT OF ADDITION U/S 69B. 4. IN THE RESULT, THE MISCELLAN EOUS APPLICATION FILED BY THE ASSESSEE IS ALLOWED IN TERMS INDICATED HEREINABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 1 6 T H MARCH, 2016. SD/ - SD/ - ( JOGINDER SINGH ) JUDICIAL MEMBER (R.C. SHARMA) ACCOUNTANT MEMBER MUMBAI, DATE : 1 6 T H MARCH, 2016 *SSL* COPY TO : 1) THE APPLICANT 2) THE RESPONDENT 3) THE CIT(A) CONCERNED 4) THE CIT CONCERNED 5) THE D.R, G BENCH, MUMBAI 6) GUARD FILE BY ORDER DY./ASSTT. REGISTRAR I.T.A.T, MUMBAI