ACIT LTU, V. R.C.F. LTD,

MA 526/MUM/2010

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 5320 (ITAT-MUMBAI)
• Duration Of Justice: 3 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 30-11-2010
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2002-2003
• Appeal Filed On: 26-08-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: D SONGATE
• Assessee Lawyers: K K VED

Judgement Text

1 MA 526/M/2010 M/S R.C.F. LIMITED IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES D BEFORE SHRI P.M. JAGTAP, A.M. AND SHRI R.S. PADVEKA R, JM MISC. APPLICATION NO. 526/MUM/2010 ARISING OUT OF ITA NO. 3757/MUM/2006 ASSESSMENT YEAR 2002-2003 ACIT LTU, CENTRE -1, WORLD TRADE CENTRE, MUMBAI -400 005. VS. M/S R.C.F. LIMITED, PRIYADARSHINI EASTERN EXPRESS HIGHWAY, SION, MUMBAI 400 022. PAN AAACR2831H APPLICANT RESPONDENT APPLICANT BY SHRI D. SONGATE RESPONDENT BY SHRI K.K. VED ORDER PER P.M. JAGTAP, A.M. BY THIS MISC. APPLICATION, THE REVENUE IS S EEKING RECALL OF THE TRIBUNALS ORDER DATED 24.2.10 PASSED IN ITA NO. 3757/MUM/06 ON THE GROUND THAT THE ISSUE DECIDED THEREIN BY THE TRIBUNAL RELATING TO PRIOR PERIOD EX PENSES IS ENTIRELY DIFFERENT FROM THE ISSUE ACTUALLY RAISED BY THE REVENUE IN ITS APPEAL RELATING TO DISALLOWANCE ON ACCOUNT OF EXCESS PROVISION MADE FOR ADVANCES AND DEPOSITS WRI TTEN OFF. 2. WE HAVE HEARD THE ARGUMENTS OF BOTH THE SID ES AND ALSO PERUSED THE RELEVANT MATERIAL ON RECORD. AS THE MISTAKE POINTED OUT BY T HE REVENUE IN THE PRESENT APPLICATION IS CLEARLY EVIDENT FROM THE ORDER OF THE TRIBUNAL D ATED 24.2.10 AND THIS POSITION HAS BEEN ACCEPTED EVEN BY THE LEARNED COUNSEL FOR THE ASSESS EE, WE RECALL THE SAID ORDER OF THE 2 MA 526/M/2010 M/S R.C.F. LIMITED TRIBUNAL PASSED IN ITA NO. 3757/MUM/06 AND RESTORE THE APPEAL OF THE REVENUE TO ITS ORIGINAL NO. THE REGISTRY IS DIRECTED TO FIX THE S AME FOR FRESH HEARING IN DUE COURSE. 3. IN THE RESULT, THE MISC. APPLICATION FIELD B Y THE REVENUE IS ALLOWED. ORDER PRONOUNCED ON 30 TH NOVEMBER, 2010. SD/- SD/- (R.S. PADVEKAR) (P.M. JAGTAP) JUDICIAL MEMBER ACCO UNTANT MEMBER MUMBAI, DATED 30 TH NOVEMBER , 2010. RK COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) VII, MUMBAI 4. THE CIT- CITY VII, MUMBAI 5. THE DR BENCH, D 6. MASTER FILE // TUE COPY// BY ORDER DY/ASSTT. REGISTRAR ITAT, MUMBAI 3 MA 526/M/2010 M/S R.C.F. LIMITED DATE INITIALS 1. DRAFT DICTATED 26.11.10 SR.P.S./P.S. 2. DRAFT PLACED BEFORE AUTHOR 29.11.2010 SR.P.S./P.S. 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER. - J.M./A.M. 4.DRAFT DISCUSSED/ APPROVED BY SECOND MEMBER. J.M./A.M. 5. APPROVED DRAFT COMES TO THE SR.P.S./P.S. SR.P.S./P.S. 6. KEPT FOR PRONOUNCEMENT ON SR.P.S./P.S. 7. FILE SENT TO THE BENCH CLERK SR.P.S./P.S. 8. DATE OF WHICH FILE GOES TO THE HEAD CLERK. 9. DATE OF DISPATCH OF ORDER.