ASST CIT (LTU), V. UNION BANK OF INDIA,

MA 541/MUM/2012

• Counselvise Citation: [2013] 123 COUNSELVISE.COM (IT) 9883 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 26 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-01-2013
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: F
• Assessment Year: 2001-2002
• Appeal Filed On: 21-08-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH, F, MUMBAI BEFORE RAJENDRA SINGH, ACCOUNTANT MEMBER AND SHRI VIJAY PAL RAO, JUDICIAL MEMBER MA NO: 541/MUM/2012 ARISING OUT OF : ITA NO. 2522/MUM/2011 ASSESSMENT YEAR : 2001-02 ASST. COMMISSIONER OF INCOME TAX LARGE TAX PAYER UNIT, CENTRE-1, 28 TH FLOOR, WORLD TRADE CENTRE, CUFFE PARADE, MUMBAI-400 005. M/S. UNION BANK OF INDIA UNION BANK BHAVAN, 6 TH FLOOR, CENTRAL ACCOUNTS DEPARTMENT, NARIMAN POINT, MUMBAI 400 021 PAN NO. AAACU 0564 G (APPLICANT) VS. (RESPONDENT) APPLICANT BY : SHRI MANOJ KUMAR RESPONDENT BY : SHRI C. NARESH DATE OF HEARING : 11.01.2013 DATE OF PRONOUNCEMENT : 16.01.2013 ORDER PER RAJENDRA SINGH (AM). THIS MISCELLANEOUS APPLICATION HAS BEEN FILED BY THE REV ENUE POINTED OUT SOME APPARENT MISTAKES IN THE ORDER OF TR IBUNAL DATED 13.04.2012, IN RELATION TO THE APPEAL OF THE REVENU E IN ITA NO. 2522/MUM/2011 FOR THE ASSESSMENT YEAR 2001-02. 2. THE REVENUE HAS SUBMITTED THAT IN THE APPEAL IN I TA NO. 2522/MUM/2011 THE REVENUE HAD RAISED DISPUTES ON THREE DIFFERENT GROUNDS, BUT THE TRIBUNAL HAD ONLY DECIDED GROUND NO .1 RELATING TO PRIOR PERIOD EXPENSES. THE OTHER 2 GROUNDS WERE NOT DE CIDED BY THE MA NO: 541/MUM/2012 ARISING OUT OF : ITA NO. 2522/MUM/2011 ASSESSMENT YEAR : 2001-02 2 TRIBUNAL. IT HAS, ACCORDINGLY, BEEN REQUESTED THAT TH AT ORDER MAY BE RECALLED FOR DISPOSING OF THE REMAINING TWO GROUNDS. 3. WE HAVE HEARD BOTH THE PARTIES, PERUSED THE RECORDS AND CONSIDERED THE MATTER CAREFULLY. THE REVENUE IN THE AP PEAL FOR THE ASSESSMENT YEAR 2001-02 IN ITA NO. 2522/MUM/2011 HAD RA ISED DISPUTED ON THREE DIFFERENT GROUNDS WHICH RELATES TO, A DDITION AND ACCOUNT OF PRIOR PERIOD EXPENSES; DISALLOWANCES OF INTEREST U/S.244A FROM 01.09.2009 TILL 08.11.2009; ADJUSTMENT OF PRIO R PERIOD EXPENSES FOR THE PURPOSE PERIOD OF SECTION 115JB. HOWEVER, THE TRIBUNAL IN THE ORDER DATED 13.04.2012 RELATING TO APPEAL BY THE RE VENUE IN ITA NO. 2522/MUM/2011 INADVERTENTLY MENTIONED THAT ONLY DISP UTE RAISED BY THE REVENUE WAS REGARDING PRIOR PERIOD EXPENSES. THE T RIBUNAL HAD THUS NOT DECIDED THE ORDER TO ON TWO GROUNDS. WE THERE FORE, RECALL THE ORDER DATED 13.04.2012 OF THE TRIBUNAL IN RELATION TO ITA NO. 2522/MUM/2011 FOR THE LIMITED PURPOSE OF DECIDING TH E GROUND NOS.2 AND 3 IN THE APPEAL OF THE REVENUE. 4. IN THE RESULT THE MISCELLANEOUS APPLICATION OF THE RE VENUE IS ALLOWED . 5. ORDER PRONOUNCED IN THE OPEN COURT ON 16.01.2013 SD/- SD/- (VIJAY PAL RAO) ( RAJENDRA SINGH ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED : 16.01.2013 RASIKA* COPY TO: THE APPLICANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT(A) CONCERNED, MUMBAI THE DR BENCH MA NO: 541/MUM/2012 ARISING OUT OF : ITA NO. 2522/MUM/2011 ASSESSMENT YEAR : 2001-02 3 TRUE COPY BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.