MANSUKHLAL H. MEHTA, MUMBAI V. INCOME TAX OFFICER 32 (2) (3), MUMBAI

MA 68/MUM/2018

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6945 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 9 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 10-07-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2012-2013
• Appeal Filed On: 31-01-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SUMAN KUMAR
• Assessee Lawyers: JEEVRAJ P JAIN
• Keywords: Rectification of order

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL I , BENCH, MUMBAI , , , BEFORE SHRI RAJENDRA, AM AND SHRI RAM LAL NEGI, JM ./ MA NO. 68 / MUM/ 201 8 ( ARISING OUT OF ITA N O. 5646 /MUM /201 6 ) ( / ASSESSMENT YEAR: 2010 - 11 ) SHRI MANSUKHLAL H MEHTA, (PROP. OF M/S UNITED ENGINEERING), B - 702, MARBLE ARCH, 51 ST TPS ROAD, BORIVALI (W), MUMBAI - 400092 VS. THE INCOME TAX OFF ICER 32(2)(3), PRATAYKSH KAR BHAVAN, BKC, MUMBAI ./ ./ PAN/GIR NO. : AALPM 3521 B ( / APPELLANT ) .. ( / RESPONDENT ) /ASSESSEE BY : SHRI JEEVRAJ P. JAIN (AR) /REVENUE BY : SHRI SUMAN KUMAR (DR) / DATE OF HEARING : 04/05 /201 8 / DATE OF PRONOUNCEMENT : 10 /07/2018 / O R D E R PER RAM LAL NEGI, JM BY WAY OF THE PRESENT MISC ELLANEOUS APPLICATION , THE ASSESSEE HAS SOUGHT RECTIFICATION OF MISTAKE APPARENT IN ORDER DATED 07.09.2017 PASSED BY THIS BENCH OF ITAT IN ASSESSEES APPEAL ITA NO 5646/MUM/2016 FOR THE A.Y. 2012 - 13 . 2. BEFORE US, THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ISSUE BEFORE THE TRIBUNAL WERE HAWALA PURCHASES AND DISALLOWANCE OUT OF SUNDRY CREDITORS . BUT T HE TRIBUNAL HAS RESTRICTED BOTH THE ISSUES AT 12.5%, WHEREAS THE SUNDRY CREDITORS ARE GENUINE AND NOT HAWALA PARTIES. THE LD. COUNSEL FURTHER SUBMITTED THAT DURING THE COURSE OF ARGUMENTS BEFORE THE TRIBUNAL IT WAS POINTED OUT THAT THE ASSESSEE HAS FURNISHED THE DETAILS OF SUNDRY CREDITORS AND DEBTORS BEFORE THE AUTHORITIES BELOW. BUT THE BENCH SIMPLY RES TRICTED THE 2 M.A. NO . 1 56 /MUM/2017 ASSESSMENT YEAR S : 2010 - 11 DISALLOWANCE TO 12% WITHOUT CONSIDERING AND DISCUSSING THE ISSUE OF SUNDRY CREDITORS. 3. THE LD. DEPARTMENTAL REPRESENTATIVE OPPOSED THE APPLICATION ON THE GROUND THAT THE BENCH HAS DECIDED THE ISSUE IN QUESTION AFTER TAKEN INTO CONSIDERATION T HE ENTIRE EVIDENCE ON RECORD. THEREFORE, THE PRESENT APPLICATION IS NOT MAINTAINABLE. 4. UNDER SECTION 254(2) OF THE INCOME TAX ACT , (FOR SHORT THE ACT) THE T RIBUNAL HAS POWER TO RECTIFY A MISTAKE APPARENT . HOWEVER, AS PER THE SETTLED LAW, THE TRIBUNAL C ANNOT REVIEW ITS ORDER UNDER THE GARB OF SECTION 254(2) OF THE ACT. IN THE PRESENT CASE SINCE, THE BENCH HAS DECIDED THE ISSUE AFTER EXAMINING THE ENTIRE EVIDENCE ON RECORD IN THE LIGHT OF THE CONTENTIONS OF THE ASSESSEE , NO QUESTION OF MISTAKE APPARENT DO ES ARISE. SO, IN OUR CONSIDERED VIEW, THE ISSUE RAISED BY THE ASSESSEE IN THE PRESENT APPLICATION DOES NOT FALL WITHIN THE PREVIEW OF MISTAKE APPARENT TO RECTIFY THE SAME U/S 254(2) OF THE ACT. HENCE, THERE IS NO MERIT IN THE PRESENT APPLICATION. WE, THERE FORE, DISMISS THE APPLICATION FILED BY THE APPLICANT/ASSESSEE. IN THE RESULT, MISC. APPLICATION FILED BY THE ASSESSEE FOR A SSESSMENT YEAR 2012 - 2013 IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 10 TH JULY , 2018 . SD/ - SD/ - ( RAJENDRA ) ( RAM LAL NEGI ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 10 / 07 / 201 8 ALINDRA, PS 3 M.A. NO . 1 56 /MUM/2017 ASSESSMENT YEAR S : 2010 - 11 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE . / BY ORDER, //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI