DCIT - CIRCLE - 4(1)(1), MUMBAI V. Barclays Investments and Loans (I) Ltd., CHENNAI

MA 547/MUM/2023

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 7724 (ITAT-MUMBAI)
• Duration Of Justice: 7 month(s) 8 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 22-04-2024
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 18-04-2024
• Assessment Year: 2010-2011
• Appeal Filed On: 13-09-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: P E R C Y P D I W A L A
• Keywords: Set aside

Judgement Text

I N T H E INCOME TAX APPELLATE TRIBUNAL “B” BENCH, MUMBAI BEFORE SHRI PRASHANT MAHARISHI, AM AND SHRI PAVAN KUMAR GADALE, JM M A N o . 5 4 7 / M u m / 2 0 2 3 A r i s i n g o u t o f I T A 3 2 9 2 / C h n y/ 2 0 1 6 (A s s e s s m e n t Y e a r 2 0 1 0-11) D C I T , C i r c l e 4 ( 1 ) ( 1 ) R o o m N o . 6 4 9 , 6 th Fl o o r , A a yk a r B h a va n M u m b a i-4 0 0 0 2 0 V s . M / s B a r c l a y s I n ve s t m e n t & Lo a n s ( I ) Lt d . 144-1 4 5 , M a l a v i k a C e n t r e , G r o u n d Fl o o r , K o d a m b a k k a m H i gh R o a d , C h e n n a i-6 0 0 0 3 4 (Applicant) (Respondent) PAN No. AAACR3653F Assessee by : S h r i P e r c y P a r d i w a l a , S h r i N i s h a n t T h a k k a r & M s . J a s m i n A m a l s a d v a l a , A R s Revenue by : S h r i H . M . B h a t t , D R D a t e o f h e a r i n g : 1 9 . 0 4 .2 0 2 4 Date of pronouncement : 2 3 . 0 4.2 0 2 4 O R D E R PER PRASHANT MAHARISHI, AM: 01. MA No. 547/Mum/2023, is filed by the Dy. Commissioner of Income Tax, Circle 1(1), Mumbai, in ITA No. 3292/Chny/2016, stating that the above appeals decided by the co-ordinate Bench at Mumbai by order dated 30 th January, 2023, is to be recalled. The reason for the same is that ‘D’ Bench of ITAT Chennai vide order dated 31 st May, 2017 has already set aside the order in ITA No.3292/Mds/2016 vide order dated 31 st May, 2017, consequent to that order of the Chennai Bench, the learned Assessing Officer has also passed a consequential order on 30 th December, 2017. Thus, the ITA No. 3292/Chny/2016, was already decided by the Chennai Bench ‘D’ vide its order dated 31 st May, 2017. Therefore, the order of the Mumbai Bench dated 30 th January, 2023, Page | 2 MA No. 547/Mum/2023 Barclays Investments and Loans (I) Limited; A.Y. 10-11 should not have been passed as it is already decided in ITAT matter and therefore disposed, hence ITAT order passed by this bench needs to be recalled.. 02. The learned Departmental Representative reiterated the same facts. 03. The learned Authorized Representative submitted that Miscellaneous Application filed by the learned Departmental Representative does not have any merit for the reason that the order passed by the Chennai Bench has already been recalled on 2 nd February 2018, vide MP No. 320/Mds/2017. After that the appeals were transferred to Mumbai, and thereafter this appeal was argued and decided. Thus, there is no merit in the Miscellaneous Application filed by the Revenue. 04. We have carefully considered the rival contentions and find that ITA No.3292/Mds/2016 for A.Y. 2010-11, was decided by the Chennai Bench which was recalled in MP No.322/Mds/2017 dated 2 nd February, 2018. Therefore, now that order of the Chennai Bench ‘D’ does not survive. After that this appeal is transferred by an administrative order at Mumbai. Thereafter, the above order was passed. At the time of hearing also these facts were stated by the learned Authorized Representative. Therefore, the reasons stated in Miscellaneous Application are incorrect. Therefore, the Miscellaneous Application filed by the learned Assessing Officer stands dismissed. 05. In the result, the MA of the Revenue is dismissed. Order pronounced in the open court on 23.04. 2024. Sd /- Sd /- (PAVAN KUMAR GADALE) ( PR A S H A N T M A H A R I SH I ) ( J U D I C I A L M E M B E R ) (A CC OU NT A NT M EM BE R) Mumbai, Dated: 23.04.2024 Sudip Sarkar, Sr.PS Page | 3 MA No. 547/Mum/2023 Barclays Investments and Loans (I) Limited; A.Y. 10-11 Copy of the Order forwarded to: 1. The Appellant 2. The Respondent. 3. CIT 4. DR, ITAT, Mumbai 5. Guard file. BY ORDER, True Copy// Sr. Private Secretary/ Asst. Registrar Income Tax Appellate Tribunal, Mumbai