RAMESH N. PARDIWALA, V. DCIT RG 21(1),

MA 420/MUM/2010

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 4956 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 21 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 22-09-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2002-2003
• Appeal Filed On: 01-07-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: DEVADASAN
• Keywords: Block assessment

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH D,MUMBAI BEFORE SHRI R.V. EASWAR (PRESIDENT) & SHRI P.M. JAGTAP (ACCOUNTANT MEMBER) M.A.NO.420/MUM/2010 (ARISING OUT OF I.T.A.NO.2970/MUM/2007) (A.Y. 2002-03) SHRI RAMESH N.PARDIWALA, M/S.NIPPON ENTERPRISE, 218, HIGH TECH INDUSTRIAL CENTER, CAVES ROAD, JOGESHWARI (E), MUMBAI-400 060. PAN: AABPP3977A. VS. DY.COMMR. OF INCOME-TAX-24(1), INCOME-TAX OFFICE, BANDRA, MUMBAI. APPLICANT RESPONDENT APPLICANT BY SHR I ANIL MEHTA. RESPONDENT BY SHRI DE VADASAN. O R D E R PER R.V. EASWAR, PRESIDENT: IN THIS MISC. APPLICATION, THE ASSESSEE HAS SOUGHT RECTIFICATION OF THE ORDER OF THE TRIBUNAL ON THE GROUND THAT GROUND NOS.3 & 4 IN THE APPEAL HAVE NOT BEEN DISPOSED OF. 2. WE HAVE HEARD BOTH SIDES AND ALSO PERUSED THE TR IBUNALS ORDER. IN GROUND NOS. 3 & 4, THE ASSESSEE HAD RAISED THE POINT THAT ONCE A SEARCH HAD BEEN CONDUCTED, ANYTHING TO BE ASSESSED WILL HAVE TO BE DONE ONLY UNDER THE BLOCK ASSESSMENT PROCEEDINGS AND THAT THE REGULAR ASSESSM ENT PROCEEDINGS CANNOT BE RE-OPENED U/S.147. THIS ASPECT OF THE MATTER HAS BE EN CONSIDERED BY THE TRIBUNAL IN PARA-6 OF ITS ORDER, WHERE IT WAS OBSER VED THAT IT WAS OPEN TO THE AO TO TAKE ACTION U/S.148 EVEN IN SUCH CASES. IT WAS O BSERVED THAT THE AO DID NOT ISSUE ANY NOTICE U/S.158BC BUT, WHEN HE NOTICED ESC APEMENT OF INCOME, FIRST ISSUED NOTICE ERRONEOUSLY UNDER SEC. 158BD, AND BEF ORE COMPLETING THE ASSESSMENT, ISSUED NOTICE U/S.148 ON THE BASIS OF T HE LETTER WRITTEN BY THE MA 420/M/2010 RAMESH N. PARDIWALA 2 ASSESSEES REPRESENTATIVE. THUS, THE FINDING OF THE TRIBUNAL IS THAT THERE HAS BEEN AN ESCAPEMENT OF INCOME CHARGEABLE TO TAX SINC E NO BLOCK ASSESSMENT HAD BEEN MADE. THIS FINDING EFFECTIVELY DEALS WITH THE GROUND NOS. 3 & 4 RAISED BY THE ASSESSEE. IN OUR OPINION, THERE IS NO MISTAKE I N THE ORDER OF THE TRIBUNAL WHICH REQUIRES TO BE RECTIFIED. 3. IN THE RESULT, THE MISC. APPLICATION IS REJECTED . ORDER PRONOUNCED ON THE 22ND DAY OF SEPTEMBER , 2010. SD/- SD/- (P.M. JAGTAP) (R.V. EASWAR) ACCOUNTANT MEMBER PRESIDENT MUMBAI: 22ND SEPT. , 2010. NG: COPY TO : 1. ASSESSEE. 2.DEPARTMENT. 3 CIT(A)-XXIV,MUMBAI. 4 CIT-24,MUMBAI. 5.DR,D BENCH,MUMBAI. 6.MASTER FILE. (TRUE COPY) BY ORDER, ASST.REGISTRAR, ITAT, MUMBAI. MA 420/M/2010 RAMESH N. PARDIWALA 3 DETAILS DATE INITIALS DESIGNATION 1 DRAFT DICTATED ON 17-09-2010 SR.PS/ 2 DRAFT PLACED BEFORE AUTHOR 17-09-2010 SR.PS/ 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/ 6. KEPT FOR PRONOUNCEMENT ON SR.PS/ 7. FILE SENT TO THE BENCH CLERK SR.PS/ 8 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER