PRINCIPAL COMMISSIONER OF INCOME TAX 3, THANE V. APOLLO HEAT EXCHANGERS Private Limited , MUMBAI

MA 52/MUM/2018

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 7087 (ITAT-MUMBAI)
• Duration Of Justice: 6 month(s) 10 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 10-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 30-01-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AJIT PAL SINGH DAIA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH A , MUMBAI BEFORE SHRI B.R. BASKARAN , HON'BLE ACCOUNTANT MEMBER & SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER M.A. NO. 5 2 /MUM/201 8 [ ARISING OUT OF ITA.NO. 4064 / MUM /20 1 4 (A.Y: 2010 - 11 ) ] PRINCIPAL COMMISSIONER OF INCOME - TAX - 3, THANE 6 TH FLOOR , A S HAR I.T. PARK, A WING, ROAD NO. 16Z, WAGLE INDUSTRIAL ESTATE, THANE (W) 400 604 V. M/S. APPOLO HEAT EXCHANGERS PVT LTD., INDO INDUSTRIAL ESTATE NO. 2, PLOT NO. 109, NAVGHAR VILLAGE, VASAI ROAD (E), PALGHAR - 401210 PAN: AAACA 3597 P (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI SANJAY PARIKH DEPARTMENT BY : SHRI AJITPALSINGH DAIA DATE OF HEARING : 03.08.2018 DATE OF PRONOUNCEMENT : 10 .08 .2018 O R D E R PER C. N. PRASAD (JM) 1. IN THIS MISCELLANEOUS APPLICATION THE REVENUE REQUESTED THE TRIBUNAL TO VACATE THE ORDER PASSED BY THE TRIBUNAL IN ITA.NO.4064/MUM/2014 DATED 08.02.2017 AND RESTORE THE ORDER PASSED BY THE ASSESSING OFFICER. 2 M.A. NO.52/MUM/2018 M/S. APPOLO HEAT EXCHANGERS PVT LTD., 2. IN THE MISCELLANEOUS APPLICATION IT IS STATED BY THE REV ENUE THAT THE A BENCH OF THE TRIBUNAL DISMISSED THE APPEAL OF THE REVENUE IN ITA.NO.4064/MUM/2014 BY ORDER DATED 08.02.2017 FOR THE ASSESSMENT YEAR 2010 - 11, WHERE THE REVENUE CHALLENGED THE ORDER OF THE LD.CIT(A) IN DELETING THE ADDITION MADE TOWARDS BOG US PURCHASES. IT IS SUBMITTED IN THE MISCELLANEOUS APPLICATION THAT SUBSEQUENTLY G' BENCH OF THE TRIBUNAL RESTRICTED THE GROSS PROFIT ADDITION TO 6% IN THE APPEAL FILED BY THE REVENUE FOR THE ASSESSMENT YEARS 2011 - 12 & 2012 - 13 IN ITA.NO. 5864 & 5865/ MUM / 2014 BY ORDER DATED 17.08.2017. THEREFORE, IT IS SUBMITTED THAT THE ORDER IN ITA.NO.4064/ MUM /2014 DATED 08.02.2017 BE VACATED AND THE ORDER OF THE ASSESSMENT ORDER SHOULD BE RESTORED. 3. LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT THERE IS NO MISTAKE APP ARENT ON RECORD IN THE ORDER PASSED BY THE TRIBUNAL AND THE REVENUE IN ITS APPLICATION ALSO COULD NOT POINT OUT ANY MISTAKE APPARENT ON RECORD AND T HEREFORE THE MISCELLANEOUS APPLICATION SHOULD BE DISMISSED. 4. ON HEARING BOTH THE SIDE S AND PERUSING THE ORDER S OF THE TRIBUNAL IN THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE, WE SEE NO MISTAKE IN THE ORDER PASSED BY THE TRIBUNAL IN ITA.NO.4064/ MUM/ 2014 DATED 08.02.2017. REVENUE ALSO FAILED TO BRING TO OUR NOTICE ANY MISTAKE 3 M.A. NO.52/MUM/2018 M/S. APPOLO HEAT EXCHANGERS PVT LTD., APPARENT ON RECORD CREPT IN THE ORDER OF THE TRIBUNAL. THE DECISION RENDERED BY THE TRIBUNAL IS ON APPRECIATION OF ALL T HE FACTS BEFORE IT AND THE RECORD , T HEREFORE NO MISTAKE I S CREPT IN THE ORDER. HENCE, MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS DISMISSED. 5. IN THE RESULT, MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE 10 TH AUGUST , 2018 SD/ - SD/ - ( B.R. BASKARAN ) (C.N. PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI / DATED 10/ 0 8 / 2018 GIRIDHAR , S R. PS COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY// BY ORDER (ASSTT. REGISTRAR) ITAT, MUM