ACIT 27(3), MUMBAI V. SKYLINE PRASHASTI (FORMERLY KNOWN AS M/S. SKY STAR), MUMBAI

MA 660/MUM/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 0352 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 12 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 28-03-2019
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: F
• Assessment Year: 2011-2012
• Appeal Filed On: 15-11-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: D G PANSARI

Judgement Text

IN THE INCOME-TAX APPELLATE TRIBUNAL F BENCH MUMB AI BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER AND SHRI N.K. PRADHAN, ACCOUNTANT MEMBER M.A. NO. 660/MUM/2018 IN ITA NO.2293/MUM/2016 (A.Y. 2011-12 ) JCIT RANGE-27(3) MUMBAI. VS. M/S SKYLINE PRASHASTI (FORMERLY KNOWN AS M/S. SKY STAR SKYLINE OASIS, PREMIER ROAD, NR. VIDYAVIHAR STATION, GHATKOPAR (W), MUMBAI -400086. PAN: ABCFS061 8M APPELLANT RESPONDENT APPELLANT BY : SHRI D.G. PANSARI (DR) RESPONDENT BY : SHRI MAHAVIR JAIN (AR) DATE OF HEARING : 17.03.2019 DATE OF PRONOUNCEMEN T : 28.03.2019 ORDER UNDER SECTION 254(2) OF INCOMETAX ACT PER PAWAN SINGH, JUDICIAL MEMBER; 1. THIS MISCELLANEOUS APPLICATION (M.A.) IS FILED BY R EVENUE FOR RECTIFICATION/RECALLING OF THE ORDER DATED 17.05.20 18 PASSED IN ITA NO. 2293/MUM/2016. THE LD. DR FOR THE REVENUE SUBMITS T HAT ASSESSEE IN ITS APPEAL HAS RAISED THREE GROUNDS OF APPEAL. THE TRIB UNAL WHILE PASSING THE ORDER HAS NOT ADJUDICATED THE THIRD GROUND OF APPEA L WHICH RELATES TO ASSESSING THE INTEREST INCOME UNDER THE HEAD INCOM E FROM OTHER SOURCES INSTEAD OF NETTING WITH INTEREST PAYABLE. THE LD. D R PRAYED THAT GROUND NO.3 MAY BE ADJUDICATED BY MODIFYING THE ORDER DATED 17. 05.2018 OR PASS SUCH OTHER AS DEEMED NECESSARY MAY BE PASSED. 2. ON THE OTHER HAND, THE LD. AR OF THE ASSESSEE SUBMI TS THAT THOUGH GROUND NO.3 WAS NOT ADJUDICATED WHILE PASSING THE ORDER DA TED 17.05.2018. THE AR M.A. NO. MA 660 MUM 2018-M/S SKYLINE PRASHASTI 2 FURTHER SUBMITS THAT HE IS NOT PRESSING GROUND NO.3 DUE TO SMALL QUANTUM INVOLVED IN THE GROUND. THE LD. AR FILED APPLICATIO N/LETTER DATED 18.03.2019 TO THAT EFFECT. 3. WE HAVE CONSIDERED THE SUBMISSION OF BOTH THE PARTI ES. WE HAVE PERUSED THE ORDER DATED 17.05.2018. WE HAVE NOTED THAT WHILE PA SSING THE ORDER DATED 17.05.2018 GROUND NO.3 RAISED BY ASSESSEE IN ITA NO . 2293/MUM/2016 WAS NOT ADJUDICATED. HOWEVER, NOW CONSIDERING THE SUBMI SSION AND THE WRITTEN APPLICATION DATED 18.03.2019 FILED BY LD. AR OF THE ASSESSEE THAT HE IS NOT PRESSING GROUND NO.3 DUE TO SMALL QUANTUM. THEREFOR E, WE DIRECT THAT GROUND NO.3 IN ITA NO. 2293/MUM/2016 FOR ASSESSMENT YEAR 2 011-12 IS DISMISSED AS NOT PRESSED. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION FILED BY REVENUE IS DISPOSED OFF IN TERM OF ABOVE ORDER. ORDER PRONOUNCED IN THE OPEN COURT ON 28.03.2019. SD/- SD/- N.K. PRADHAN PAWAN SINGH ACCOUNTANT MEMBER JUDICIA L MEMBER MUMBAI, DATE: 28.03.2019 SK COPY OF THE ORDER FORWARDED TO : 1. ASSESSEE 2. RESPONDENT 3. THE CONCERNED CIT(A) 4. THE CONCERNED CIT 5. DR F BENCH, ITAT, MUMBAI 6. GUARD FILE BY OR DER, DY./ASST. REGISTRAR ITAT, MUMBAI