SUPRERIOR FINANCIAL CONSULTANCY SERVICES P.LTD, MUMBAI V. ASST CIT 1(3), MUMBAI

MA 632/MUM/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 7692 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 26 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 12-04-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: J
• Assessment Year: 2003-2004
• Appeal Filed On: 17-10-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: V K CHATURVEDI
• Assessee Lawyers: V G GINDE

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH G, MUMBAI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI PAWAN SINGH, JUDICIAL MEMBER M.A. NO. 632/MUM/2018 IN ITA.NO.7501/MUM/2016 A Y: 2003-04 SUPERIOR FINANCIAL CONSULTANCY SERVICES PVT. LTD., 201, 2 ND FLOOR, DEV NEO- VIKRAM SAHAKAR NAGAR CHS, ABOVE AUDI CAR SHOWROOM, NEW LINK ROAD, ANDHERI (W), MUMBAI-400053. PAN:AACCS2302J VS. ACIT-1(3), 554, 5 TH FLOOR, AAYAKAR BHAVAN, M K ROAD, MUMBAI-20. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI V.G. GI NDE (AR) REVENUE BY : SHRI V.K. CHATURVED I (DR) DATE OF HEARING : 12.04.2019 DATE OF ORDER : 12.04.2019 ORDER PER PAWAN SINGH, JUDICIAL MEMBER 1. THIS MISCELLANEOUS APPLICATION (MA) IS FILED BY THE ASSESSEE FOR RECTIFICATION OF THE ALLEGED MISTAKE IN THE ORDER D ATED 30.05.2018 PASSED IN ITA NO. 7501/MUM/2016, ITA NOS. 3113 & 3355/MUM/20 15 CROSS APPEALS FOR ASSESSMENT YEAR (AY) 2006-07. IN THE APPLICATIO N, THE APPLICANT/ASSESSEE CONTENDED THAT ALL THREE APPEALS WERE DECIDED IN CONSOLIDATED ORDER DATED 30.05.2018. IN THE CONSOLI DATED ORDER, THERE IS REFERENCE OF APPEAL FOR A.Y. 2003-4, THE ORDER DEAL T WITH ONLY CROSS APPEAL FOR A.Y. 2006-07 ONLY. THE LD. AR OF THE ASSESSEE S UBMITS THAT WHILE 2 MA NO. 632 MUM 2018-ISUPERIOR FINANCIAL CONSULTANCY SERVICES PVT. LTD. MAKING SUBMISSION, THE ASSESSEE ARGUED ALL APPEALS AND SEPARATE PAPER BOOK IN APPEAL FOR A.Y. 2003-04 WAS SUBMITTED. THE ASSES SEE ALSO RELIED UPON A NUMBER OF DECISIONS, COPIES OF WHICH WERE FURNISHED TO THE BENCH. THE LD. AR SUBMITS THAT THERE IS NO DISCUSSION IN ORDER DAT ED 30.05.2018 EITHER ON GROUNDS OF APPEAL, OR ANY OF THE SUBMISSION MADE BY ASSESSEES AR, THERE IS NO ADJUDICATION OF GROUNDS OF APPEAL FOR A.Y. 2003- 04, WHICH IS MISTAKE APPARENT ON RECORD AND REQUIRE RECTIFICATION UNDER SECTION 254(2) OF THE INCOME-TAX ACT. THE LD. AR PRAYED THAT NECESSARY OR DER FOR RECALLING THE ORDER DATED 30.05.2018 QUA APPEAL FOR A.Y. 2003-04 IN ITA NO. 7501/MUM/2016 FOR DISPOSAL IN ACCORDANCE WITH LAW. 2. ON THE OTHER HAND, THE LD. DR FOR THE REVENUE SUBMI TS THAT BOTH THE APPEAL OF THE ASSESSEE I.E. FOR A.Y. 2003-04 & 2006-07 AND AP PEAL OF REVENUE FOR A.Y. 2006-07 WERE DISMISSED BY THE TRIBUNAL AFTER DETAIL ED DISCUSSION. THERE IS NO MISTAKE APPARENT, WHICH REQUIRE RECTIFICATION AS PRAYED FOR. 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS OF THE LD. AR FOR THE ASSESSEE AND THE LD. DR FOR THE REVENUE AND ALSO GONE THROUGH TH E ORDER DATED 30.05.2018. PERUSAL OF ORDER SHOWS THAT GROUND NO. 2 OF APPEAL FOR A.Y. 2003-04 AND GROUND NO.1 OF APPEAL FOR A.Y. 2006-07 WERE DISCUSS ED AND ADJUDICATED IN PARA-11 OF THE ORDER. AFTER DISCUSSING THE APPEAL O F ASSESSEE FOR BOTH THE A.YS. I.E. 2003-04 & 2006-07 WERE DISMISSED. SO FAR AS GROUND NO.1 IN APPEAL FOR A.Y. 2003-04 IS CONCERNED, WE HAVE NOTED THAT THERE IS NO DISCUSSION ON GROUND NO.1 IN APPEAL FOR A.Y. 2003-0 4, THEREFORE, CONSIDERING 3 MA NO. 632 MUM 2018-ISUPERIOR FINANCIAL CONSULTANCY SERVICES PVT. LTD. THE MISTAKE APPARENT ON RECORD, THE ORDER DATED 30. 05.2018 IS RECALLED QUA GROUND NO.1 IN ITA NO. 7501/MUM/2016. AS WE HAVE RE CALLED THE ORDER DATED 30.05.2018 QUA GROUND NO.1 IN ITA NO. 7501/MU M/2016, THEREFORE, THE REGISTRY IS DIRECTED TO FIX THE APPEAL FOR HEAR ING BY REGULAR BENCH ON 02.05.2019. PARTIES BE INFORMED THROUGH PROPER NOTI CE. 4. IN THE RESULT, MA FILED BY THE ASSESSEE IS PARTLY A LLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 12 TH APRIL, 2019. SD/- SD/- (SHAMIM YAHYA) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATE: 12.04.2019 SK COPY OF THE ORDER FORWARDED TO : 1. ASSESSEE 2. RESPONDENT 3. THE CONCERNED CIT(A) 4. THE CONCERNED CIT(A) 5. DR G BENCH, ITAT, MUMBAI 6. GUARD FILE BY ORDER, DY./ASST. REGISTRAR ITAT, MUMBAI