GRASIM INDUSTRIES LTD, MUMBAI V. JCIT CENT. CIR. - 1(4), MUMBAI

MA 621/MUM/2023

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 9148 (ITAT-MUMBAI)
• Duration Of Justice: 1 month(s) 30 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 15-01-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Next Hearing Date: 11-01-2024
• Assessment Year: 2010-2011
• Appeal Filed On: 16-11-2023
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 153C

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “G” MUMBAI BEFORE SHRI OM PRAKASH KANT (ACCOUNTANT MEMBER) AND SHRI PAVAN KUMAR GADALE (JUDICIAL MEMBER) MA Nos.620/Mum/2023 & 621/Mum/2023 (Arising out of ITA Nos. 1055/Mum/2018 & 1559/Mum/2018) Assessment Year: 2010-11 Grasim Industries Limited Aditya Birla Centre ‘A’ Wing, 2 nd Floor S.K. Ahire Marg Worli, Mumbai-400 030 Vs. DCIT, CC-1(4) Room No.902, 9 th Floor Old CGO Building M.K.Road Mumbai – 400 020 PAN NO.AAACG4464B Appellant Respondent Assesseei by : Shri Yogesh Thar Revenue by : Shri P D Chougule Date of Hearing : 12/01/2024 Date of pronouncement : 16/01/2024 ORDER PER OM PRAKASH KANT, AM By way of these Miscellaneous Applications, the assessee is seeking rectification / recall of the order of the Tribunal dated 31/05/2023 passed in ITA No.1055/Mum/2018 and 1559/Mum/2018 for A.Y.2010-11. 2. The ld. Counsel for the assessee referred to the Miscellaneous Applications filed and submitted that Tribunal has decided the legal ground challenging the validity of proceedings u/s.153C of the Act MA Nos.620 & 621/Mum/2023 2 M/s Grasim Industries Limited on the basis of finding of the Tribunal in A.Y.2008-09 whereas the facts of the A.Y.2010-11 are different from the facts for A.Y.2008- 09. Therefore, in view of the mistake of facts in adjudicating legal ground raised by the assessee as well as the department in these appeals, the order of the Tribunal need rectification. He further submitted that grounds raised on merits have not been adjudicated by the Tribunal and that constitutes a mistake apparent on record. 3. The ld. DR could not controvert arguments of the ld. Counsel for the assessee. 4. We have heard rival submissions of the parties and perused the relevant material on record. The Tribunal in the impugned order in para 21 has adjudicated the grounds raised by the assessee in its appeal for A.Y.2010-11 and grounds raised by the Revenue in cross appeal as mutatis mutandis to grounds raised in A.Y.2008-09. We find that in A.Y.2008-09, the re-assessment proceedings initiated u/s.147 of the Act were pending as on the date of the search and therefore, according to the Revenue, the said assessment was abated, however, the assessee has challenged the validity of the re- assessment itself and therefore, the Tribunal has restored the matter back to the file of the ld. CIT(A) for deciding the validity of the re-assessment proceedings u/s.147 of the Act. However, in A.Y.2010-11, the proceedings u/s.143(3) of the Act were already completed as on the date of the search action and therefore, no assessment was pending from the date of the search. The assessee MA Nos.620 & 621/Mum/2023 3 M/s Grasim Industries Limited is there for challenging the proceeding for Section 153C of the Act initiated in A.Y.2010-11 on the ground that no incriminating material was found during the course of the search. Evidently, the facts for the A.Y.2010-11 are distinct from facts for A.Y.2008-09 and therefore, adjudicating of legal ground raised by the assessee as well as the Revenue in their appeals on the basis of finding in A.Y.2008-09 is a mistake apparent from the record. The grounds on merits have also not been adjudicated that too constitutes a mistake apparent from record. In view of the aforesaid discussion, we feel it appropriate to recall the relevant grounds of the appeals of the assessee as well as the Revenue. The appeals of the assessee in ITA No.1055/Mum/2018 and appeal of the Revenue in ITA No.1559/Mum/2018 for A.Y.2010-11 are accordingly, recalled to the extent indicated above. The Registry is directed to fix these appeals for hearing on 21/02/2024. No separate notice shall be issued to the parties as the date of hearing has been intimated in open Court. 5. In the result, Miscellaneous Applications of the assessee are accordingly allowed. Order pronounced in the open Court on 16/01/2024. Sd/- Sd/- (PAVAN KUMAR GADALE) (OM PRAKASH KANT) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated: 16/01/2024 Karuna, Sr. P.S. MA Nos.620 & 621/Mum/2023 4 M/s Grasim Industries Limited 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// (Assistant Registrar) ITAT, Mumbai