DCIT, CIRCLE- 5(2)(1), MUMBAI V. M PALLONJI SHIPPING P. LTD, MUMBAI

MA 446/MUM/2023

• Counselvise Citation: [2023] 100 COUNSELVISE.COM (IT) 5325 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 26 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 13-11-2023
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: J
• Next Hearing Date: 19-10-2023
• Assessment Year: 2013-2014
• Appeal Filed On: 18-06-2023
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MAJOJ KUMAR SINHA
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, “J” BENCH MUMBAI BEFORE SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIALMEMBER M.A. No. 446/MUM/2023 (Arising out of ITA No. 5875/MUM/2017, A.Y.2013-14) DCIT, Circle – 5(2)(1), Room No. 571, 5 th Floor Aayakar Bhawan, M.K.Road, Mumbai 400020. Vs. M/s. M Pallonji Shipping Pvt ltd., 46A,VeetrangChembers, Cawasji Patel Street, Fort, Mumbai – 400004. PAN/GIR No. AAECM4615L ( /Applicant) ( /Respondent) Assessee by Shri Dr. K. Shivram and Mr. Rahul Hakani.AR Revenue by Shri Majoj Kumar Sinha, Sr. DR स ु नव ई /Date of Hearing 20.10.2023 घोषण /Date of Pronouncement 08.11.2023 ORDER PER PAVAN KUMAR GADALE, JM: The revenue has filed the miscellaneous application (MA) in ITA No. 5875/MUM/2017 for the 2 M.A. No. 446/MUM/2023 (A.Y.: 2013-14) M Pallonji Shipping P Ltd., Mumbai A.Y. 2013-14 seeking rectification in the Hon’ble Tribunal order dated 28.06.2022. 2. At the time of hearing, the Ld.DR submitted that the Hon’ble Tribunal in ITA. No.5875/Mum/2022 for A.Y 2013-14 has erred in restoring the issue of bench marking of interest on loans advanced to AE to the file of TPO though the TPO has dealt at length in the order on these disputed issues in the proceedings. Per Contra the Ld.AR relied on the judicial decisions and raised objections that the miscellaneous application filed by the Revenue is beyond the time limit prescribed U/sec 254(2) of the Act. 3 . We find the Hon’ble Tribunal order is dated 28.06.2022 and was received by the Income Tax Department on 30.09.2022. Whereas the revenue/ income tax department has filed the miscellaneous application on 19.06.2023 which is beyond the period of limitation of six months u/sec 254(2) of the Act. We considering the facts, circumstances, and material on record, find that the revenue has filed the miscellaneous application beyond the time limit 3 M.A. No. 446/MUM/2023 (A.Y.: 2013-14) M Pallonji Shipping P Ltd., Mumbai prescribed under section 254(2) of the Act. Accordingly, we do not find merits in the present miscellaneous application filed by the revenue on the aspects of limitation and is dismissed. 4. In the result, the miscellaneous application filed by the revenue is dismissed. Order pronounced in the open court on 08.11.2023. Sd/- Sd/- (PRASHANT MAHARISHI) (PAVAN KUMAR GADALE) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai, Dated: 08/11/2023 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. //True Copy// BY ORDER, (Dy./Asstt. Registrar)ITAT, Mumbai