NISHITH M. DESAI (PROP: NISHITH DESAI ASSOCIATES), MUMBAI V. ASST CIT 16(3), MUMBAI

MA 560/MUM/2019

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 4600 (ITAT-MUMBAI)
• Duration Of Justice: 1 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 11-11-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 11-10-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SAMATHA MALLAMUDI
• Assessee Lawyers: FIROZE AWDHYARUJINA
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH B, MUMBAI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI RAM LAL NEGI , JUDICIAL MEMBER MA NO. 560/MUM/2019 (OUT OF ITA NO. 1188/MUM/2019) : A.Y : 2009 - 10 NISHITH M. DESAI PROP. : NISHITH DESAI ASSOCIATES 94B, MITTAL COURT, NARIMAN POINT, MUMBAI 400 021. PAN : AAAPD8418K (APPLICANT) VS. ACIT - 16 ( 3 ), MUMBAI (RESPONDENT) APP LICANT BY : SHRI FIROZE AWDHYARUJINA RESPONDENT BY : SMT . SAMATHA M A LLAMUDI DATE OF HEARING : 08 /1 1 /2019 DATE OF PRONOUNCEMENT : 11 /11/2019 O R D E R PER SHAMIM YAHYA , ACCOUNTANT MEMBER BY WAY OF THIS MISCELLANEOUS APPLICATION, ASSESSEE SEEKS RECALL/RECTIFICATION OF MISTAKE IN THE ORDER OF THIS TRIBUNAL IN ITA NO. 1188/MUM/201 9 FOR ASSESSMENT YEAR 2009 - 10. THE ISSUE RAISED IN THE SAID APPEAL WAS AGAINST PENALTY OF RS.4,76,433/ - AND RS.3,30,000/ - LEVIED UNDER SECTION 271(1)(C) OF THE INCOME TAX ACT, 1961 . THE TRIBUNAL HAD CONSIDERED THE ISSUE S IN APPEAL AND GRANTED PART RELIEF TO THE ASSESSEE INASMUCH AS THE 2 MA NO. 560/MUM/2019 NISHITH M. DESAI TRIBUNAL CONFIRMED THE PENALTY OF RS.3,30,000/ - ON DISALLOWANCE OF PAYMENT OF RS.10 LACS MADE TO AARUSHA HOMES PVT. LTD. 2. T HE LEARNED COUNSEL FOR THE ASSESSEE SUBMITS THAT THE ASSESSEES COUNSEL , ON THE DATE OF HEARING , HAD SOUGHT ADJOURNMENT ON THE GROUND THAT THE ASSESSEE WAS IN THE PROCESS OF SUBMITTING A PAPER BOOK AND WAS ALSO IN THE PROCESS OF FILING ADDITIONAL GROUNDS CHALLENGING THE JURISDICTION FOR LEVY OF PENALTY. HE FURTHER SUBMITTED THAT THE BENCH , ON THAT D ATE , RELYING UPON THE JUDGMENT IN THE CASE OF RELIANCE PETROPRODUCT S PVT. LTD., 322 ITR 158 , HAD ORALLY PRONOUNCED THAT THE PENALTY WILL BE DELETED. HOWEVER, IN THE ORDER SO PASSED, THE ENTIRE PENALTY HAS NOT BEEN DELETED. 3. UPON HEARING BOTH THE COUNSE LS AND PERUSING THE RECORD, WE FIND THAT THE ASSESSEES CONTENTIONS HAVE COGENCY. ACCORDINGLY, WE RECALL THE ORDER PASSED IN THE ABOVE CASE AND REGISTRY IS DIRECTED TO FIX THE CASE FOR HEARING IN THE NORMAL COURSE. 4. IN THE RESULT, THE MISCELLANEOUS APP LICATION OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 11 TH NOVEMBER, 2019. SD/ - SD/ - ( RAM LAL NEGI ) JUDICIAL MEMBER (SHAMIM YAHYA) ACCOUNTANT MEMBER MUMBAI, DATE : 11 TH NOVEMBER, 2019 *SSL* 3 MA NO. 560/MUM/2019 NISHITH M. DESAI COPY TO : 1) THE APPELLANT 2) THE RESPONDENT 3) THE CIT(A) CONCERNED 4) THE CIT CONCERNED 5) THE D.R, B BENCH, MUMBAI 6) GUARD FILE BY ORDER DY./ASSTT. REGISTRAR I.T.A.T, MUMBAI