LALIT KUMAR M SHARMA, MUMBAI V. DCIT CEN CIR 6(1), MUMBAI

MA 477/MUM/2019

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 4526 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 8 month(s) 12 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 03-05-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 21-08-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, ‘A‘ BENCH MUMBAI BEFORE: SHRI M.BALAGANESH, ACCOUNTANT MEMBER & MS. KAVITHA RAJAGOPAL, JUDICIAL MEMBER M.A.No.477/Mum/2019 (Arising out of ITA No.1975/Mum/2017) (Asse ssment Year :2009-10) & M.A.No.476/Mum/2019 (Arising out of ITA No.1974/Mum/2017) (Asse ssment Year :2008-09) Shri Lalit Kumar M. Sharma R.No.308, 3 rd Floor 237, Prabhu Building S.G. Marg, Mahalaxmi Mumbai – 400 011 Maharashtra Vs. DCIT CEN CIR 6(1) Mumbai Air India Building Mumbai PAN/GIR No.AAIPS 5358P (Appellant) .. (Respondent) Assessee by None Revenue by Shri Tejinder Pal Singh Date of Hearing 01/04/2022 Date of Pronouncement 04/05/2022 आदेश / O R D E R PER M. BALAGANESH (A.M): By virtue of these Miscellaneous Applications, the assessee seeks to recall the consolidated order passed by this Tribunal for A.Yrs. 2008-09 and 2009-10 dated 10/04/2019 wherein the commission income of cheque discounting business has been estimated by this Tribunal at 1%. The assessee in the Miscellaneous Applications had pleaded that decisions MA No. 477/Mum/2019 & 476/Mum/2019 Shri Lalit Kumar M. Sharma 2 of Tribunal relied upon by the assessee were not considered and hence, the order passed thereon requires to be recalled. 2. None appeared on behalf of the assessee despite several opportunities given to the assessee from 18/10/2019, 20/12/2019, 07/02/2020, 18/09/2020, 20/11/2020, 27/11/2020, 05/02/2021, 05/03/2021, 23/04/2021, 11/06/2021, 23/10/2021, 17/12/2021, 07/01/2022, 14/01/2022, 28/01/2022, 18/02/2022, 04/03/2022, 25/03/2022 and 01/04/2022. 3. We have gone through the order of this Tribunal dated 10/04/2019 and we find that the decision relied upon by the assessee on the Co-ordinate Bench of Mumbai Tribunal had been duly considered while recording its finding and ultimately, the commission income was estimated at 1%. Hence, we do not find any infirmity or error in the order of this Tribunal warranting any rectification u/s.254(2) of the Act. Hence, the Miscellaneous Applications of the assessee are dismissed. 4. In the result, Miscellaneous Applications of the assessee are dismissed. Order pronounced on 04/05/2022 by way of proper mentioning in the notice board. Sd/- (KAVITHA RAJAGOPAL) Sd/- (M.BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated 04/05/2022 KARUNA, sr.ps MA No. 477/Mum/2019 & 476/Mum/2019 Shri Lalit Kumar M. Sharma 3 Copy of the Order forwarded to : BY ORDER, (Asstt. Registrar) ITAT, Mumbai 1. The Appellant 2. The Respondent. 3. The CIT(A), Mumbai. 4. CIT 5. DR, ITAT, Mumbai 6. Guard file. //True Copy//