ACIT, CIRCLE-1, KALYAN, KALYAN V. M/S LI TRADING PRIVATE LIMITED , MUMBAI

MA 496/MUM/2023

• Counselvise Citation: [2023] 102 COUNSELVISE.COM (IT) 0223 (ITAT-MUMBAI)
• Duration Of Justice: 3 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 01-11-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: K
• Next Hearing Date: 05-10-2023
• Assessment Year: 2017-2018
• Appeal Filed On: 01-08-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “K” BENCH, MUMBAI BEFORE SHRI PRASHANT MAHARISHI, AM AND SHRI PAVAN KUMAR GADALE, JM MA No.496/MUM/2023 [Arising out of ITA No.521/MUM/2022 Assessment Year: 2017-18 ACIT, Circle – 1 Kalyan v. M/s LI Trading Private Limited Village Kalamgaon Mumbai Nasik Highway Taluka Shapur, Thane, Kalyan (Applicant) (Respondent) PAN No.AABCL48608 Assessee by: None Revenue by: Ms. Mahita Nair, D.R. Date of hearing : 6.10.2023 Date of pronouncement : 2.11.2023 O R D E R PER PRASHANT MAHARISHI, AM: 01. This Miscellaneous Application is filed by the Asstt. Commissioner of Income Tax, Circle 1, Kalyan in the order of the Tribunal in ITA No.521/MUM/2022 dated 9/2/2/23 in the case of the assessee, wherein the appeal filed by the assessee was partly allowed. 02. The Miscellaneous Application of the Assessing Officer is that the Coordinate Bench has given a contradictory finding in deciding ground No.1. The Learned DR also reiterated the same. Page 2 of 3 MA No.496/MUM/2023 M/s LI Trading Private Limited 03. None appeared on behalf of assessee. 04. We have carefully considered the mistake pointed out by the Learned Assessing Officer in ground No.1 of the appeal. On a careful reading of para 22 of the order, we find that the Bench has categorically stated that ground No.1 of the appeal is allowed only to the above extent. Therefore, there is no contradictory finding in the order of the Bench. Hence, ground No.1 of the Miscellaneous Application is dismissed. 05. With respect to ground Nos. 2 & 3 in the Miscellaneous Application raised by the Revenue, even the TPO has stated that there is no infirmity in the order. Therefore, we do not find any merit in ground Nos. 2 & 3 of the Miscellaneous Application challenging ground Nos. 2 & 3 of the decision of the Coordinate Bench. 06. In the result, the Miscellaneous Application filed by the Assessing Officer is dismissed. Order pronounced in the open Court on 2.11.2023. Sd/- Sd/- [PAVAN KUMAR GADALE] [PRASHANT MAHARISHI] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED:2.11.2023 JJ: Page 3 of 3 MA No.496/MUM/2023 M/s LI Trading Private Limited Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. DR By order Assistant Registrar