ASST CIT 14(3), V. SHREYAS IMPEX,

MA 623/MUM/2010

• Counselvise Citation: [2010] 124 COUNSELVISE.COM (IT) 7357 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 4 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 31-12-2010
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: J
• Assessment Year: 2000-2001
• Appeal Filed On: 26-10-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S K SINGH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH J, MUMBAI SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER AND BEFORE SHRI R.S. PADVEKAR, JUDICIAL MEMBER M.A. NO . ARISING OUT OF I.T.A.NO. ASSESSMENT YEAR 622/MUM/2010 3479/MUM/ 2007 1999-2000 623/MUM/2010 3480/MUM/ 2007 2000-2001 624/MUM/2010 3481/MUM/ 2007 2002-2003 625/MUM/2010 4945/MUM/ 2007 2004-2005 THE ASST. COMMISSIONER OF INCOME- TAX-14(3), EARNEST HOUSE, 16H FLOOR, NARIMAN POINT, MUMBAI 400 021. VS. M/S. SHREYAS IMPEX, 14/B, ENGINEER BLDG., 265, PRINCES ST., MUMBAI 400 002. PAN: AABFS 3035 J (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI S.K. SINGH RESPONDENT BY : SHRI PARAS SAVLA O R E R PER J. SUDHAKAR REDDY, AM: BY THESE MISCELLANEOUS APPLICATIONS THE R EVENUE HAS ALLEGED THAT THERE IS A MISTAKE APPARENT FROM RECORD WHICH REQUIRES RECTIFI CATION UNDER SECTION 254(2) OF THE INCOME-TAX ACT, 1961. THE APPLICATION POINTS OU T THAT THE TRIBUNAL IN THE IMPUGNED ORDER DATED 14 TH SEPTEMBER, 2009, APPLIED THE DECISION OF THE SPECI AL BENCH IN THE CASE OF M/S.TOPMAN EXPORTS V. ITO (318 ITR 87(AT)(SB)(BOM.), AND SET ASIDE THE ISSUE ON THE FILE OF THE ASSESSING OF FICER FOR FRESH ADJUDICATION IN THE LINE WITH THE DECISION OF THE SPECIAL BENCH OF THE TRIBUNAL (SUPRA), AND WHEREAS THE HONBLE BOMBAY HIGH COURT HAS EXAMINED THE CORR ECTNESS OF THE DECISION OF THE SPECIAL BENCH OF THE TRIBUNAL (CITED SUPRA) IN THE CASE OF CIT V. KALPATARU COLOURS AND CHEMICALS (INCOME-TAX APPEAL (LOD) NO. 2887 OF 2009 DATED 28/29 TH JUNE, 2010 AND HAS PARTLY REVERSED THE DECISION OF THE SPECIAL BENCH AND THAT THE MA NOS.622-625 M/2010 M/S. SHREYAS IMPEX 2 TRIBUNALS ORDER DATED 14.9.2009 FOLLOWING THE RATI O LAID DOWN BY THE SPECIAL BENCH, HAS TO BE RECTIFIED BY FOLLOWING THE DECISIO N OF THE JURISDICTIONAL HIGH COURT. 2. AFTER HEARING THE RIVAL CONTENTIONS, WE RECTIFY THE ORDER OF THE TRIBUNAL DATED 14.09.2010 BY HOLDING THAT THE ASSESSING OFFI CER SHALL ADJUDICATE THE ISSUE AFRESH IN LINE WITH THE DECISION OF THE JURISDICTIO NAL HIGH COURT IN THE CASE OF CIT V. KALPATARU COLOURS AND CHEMICALS (INCOME-TAX APPEAL (LOD) NO. 2887 OF 2009 DATED 28/29 TH JUNE, 2010, AND ANY OTHER JUDGMENT OF THE JURISDIC TIONAL HIGH COURT OR THE APEX COURT AS MAY BE CITED BY THE ASSESSEE. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATIONS AR E ALLOWED. ORDER PRONOUNCED ON 31/12/2010. SD. SD. (R.S. PADVEKAR) (J. SUDHAKAR REDDY) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI DATED THE 31 ST DECEMBER, 2010. KN COPY TO: 1. THE ASSESSEE 2. THE REVENUE 3. THE CIT, CITY-14, MUMBAI 4. THE CIT(A)-XV, MUMBAI 5. THE DR J BENCH, MUMBAI BY ORDER /TRUE COPY/ ASST. REGISTRAR, ITAT, MUMBAI