AI Insights
The case involves M/s. The Bombay Dyeing & Mfg. Co. Ltd., the appellant, who filed miscellaneous applications under section 254(2) of the Income Tax Act, 1961, concerning previous income tax appeals (ITA No.335/M/2020 and ITA No.2741/M/2019). The applications were necessitated by the oversight of certain grounds in the original appellate orders dated 05.07.2022. The Tribunal, upon reviewing the applications and the records, acknowledged the oversight and decided to rectify the earlier orders by addressing the previously omitted grounds.
Appeal details
Counselvise Citation
[2023] 140 COUNSELVISE.COM (IT) 301272 (ITAT-MUMBAI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
2 month(s) 6 day(s)
Appellant
Respondent
Appeal Type
Miscellaneous Application
Pronouncement Date
23-03-2023
Appeal Filed By
Assessee
Order Result
Allowed
Bench Allotted
K
Next Hearing Date
23-03-2023
Assessment Year
2010-2011
Appeal Filed On
16-01-2023
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “K”, MUMBAI BEFORE SHRI KULDIP SINGH, JUDICIAL MEMBER AND SHRI GAGAN GOYAL, ACCOUNTANT MEMBER MA No.49/M/2023 (Arising out of ITA No.2741/M/2019) Assessment Year: 2010-11 & MA No.50/M/2023 (Arising out of ITA No.ITA No.335/M/2020) Assessment Year: 2009-10 M/s. The Bombay Dyeing & Mfg. Co. Ltd., Neville House, J.N. Heredia Marg, Ballard Estate, Mumbai – 400 001 PAN: AAACT2328K Vs. DCIT, Circle – 2(1), Room No.561, Aayakar Bhavan, M.K. Road, Mumbai - 400020 (Appellant) (Respondent) Present for: Assessee by : Mr. Chaitanya Joshi, A.R. Revenue by : Shri Anoop Hiwase, D.R. Date of Hearing : 24 . 03 . 2023 Date of Pronouncement : 24 . 03 . 2023 O R D E R Per : Kuldip Singh, Judicial Member: Heard : From the miscellaneous application moved by the applicant, M/s. The Bombay Dyeing & Mfg. Co. Ltd. (hereinafter referred to as the assessee) under section 254(2) of the Income Tax Act, 1961 (for short ‘the Act’) and contentions raised by the Ld. A.Rs. for the parties to the present MA Nos.49 & 50/M/2023 (Arising out of ITA Nos.2741/M/2019 & ITA No.335/M/2020) M/s. The Bombay Dyeing & Mfg. Co. Ltd. 2 application it is proved on record that ground No.IV of ITA No.335/M/2020 for A.Y. 2009-10 and ground No.2 of ITA No.2741/M/2019 for A.Y. 2010-11 have not been decided vide order dated 05.07.2022 passed by the Bench, which is a mistake apparent on record hence rectified. 2. Resultantly, the impugned order dated 05.07.2022 passed in ITA No.335/M/2020 for A.Y. 2009-10 and ITA No.2741/M/2019 for A.Y. 2010-11is recalled to the limited extent so as to decide ground No.IV of ITA No.335/M/2020 for A.Y. 2009-10 and ground No.2 of ITA No.2741/M/2019 for A.Y. 2010-11 respectively. 3. Both the miscellaneous applications filed by the applicant/assessee are allowed. Order pronounced in the open court on 24.03.2023 Sd/- Sd/- (GAGAN GOYAL) (KULIP SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai, Dated: 24.03.2023. * Kishore, Sr. P.S. Copy to: The Appellant The Respondent The CIT, Concerned, Mumbai The DR Concerned Bench //True Copy// By Order Dy/Asstt. Registrar, ITAT, Mumbai.
Mehul