ASST CIT CEN CIR 39, V. BINAYAK TEX PROCESSOR LTD,

MA 69/MUM/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2129 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 23 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-07-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2005-2006
• Appeal Filed On: 11-02-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Revised return

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI . . , ! '#$% , & '( BEFORE SHRI H.L. KARWA, PRESIDENT AND SHRI N.K. BILLAIYA, AM M.A. NO. 69/MUM/2014 (ARISING OUT OF I.T.A. NO. 7851/MUM/2010) ( ) ) ) ) / ASSESSMENT YEAR :2005-06 THE ACIT, CENTRAL CIRCLE-39, AAYAKAR BHAVAN, MUMBAI-400 020 M/S. BINAYAK TEX PROCESSORS LTD., C/O SHANKARLAL JAIN & ASSOCIATES, 12, ENGINEER BLDG., 265, PRINCES STREET, MUMBAI-400 002 (* & ./ +, ./PAN/GIR NO. : AAACB 1554D ( *- /APPELLANT ) .. ( ./*- / RESPONDENT ) *- 0 / APPLICANT BY : ` MS. NEERAJA PRADHAN ./*- 1 0 /RESPONDENT BY : SHRI SATISH JAIN 1 23& / DATE OF HEARING :04.07.2014 45) 1 23& / DATE OF PRONOUNCEMENT :04.07.2014 ' 6 / O R D E R PER N.K. BILLAIYA, AM: THIS MISCELLANEOUS APPLICATION BY THE REVENUE IS D IRECTED AGAINST THE ORDER OF THE TRIBUNAL IN ITA NO. 7851/MUM/2010. THE REASONS FOR FILING THIS MISCELLANEOUS APPLICATION READ AS UNDER : THE HONBLE ITAT VIDE ITS ABOVE REFERRED ORDER DEL ETED THE ADDITION OF RS. 24,21,989/-. THE ASSESSEE HAS DECL ARED AN INCOME OF RS. 24,21,989/- IN A.Y. 2005-06 WHICH IS NOT M.A. NO. 69/M/2014 2 OFFERED IN THE RETURN OF INCOME OF A.Y. 2005-06. T HE RETURN OF INCOME FOR A.Y. 2006-07 WAS NOT FILED IN TIME. THE ASSESSEE COULD ONLY AMEND OR ALTER HIS RETURN OF IN COME BY FILING A REVISED RETURN OF INCOME, IN DUE TIME AS P RESCRIBED BY INCOME TAX ACT, 1961 WHICH HE HAS NOT DONE. ON PERUSAL OF THE APPELLATE ORDER OF ITAT, CIT-III, MUMBAI HA S GIVEN AN APPROVAL FOR FILING MISCELLANEOUS APPLICATION IN THIS CASE. IN VIEW OF THE SAME, IT IS HUMBLY PRAYED THA T THE HONBLE ITAT MAY RECALL ITS ORDER DT. 10.09.2013 AN D DECIDE THE CASE AFRESH. 3. WE HAVE HEARD THE RIVAL PARTIES. A PERUSAL OF T HE ORDER OF THE TRIBUNAL SHOWS THAT THE TRIBUNAL HAS DELETED THE AD DITION FOR A.Y. 2005- 06 AMOUNTING TO RS. 24,21,989/- ON FINDING THAT THE SAME AMOUNT WAS TAXED IN A.Y. 2006-07. JUST TO SAVE THE ASSESSEE F ROM DOUBLE TAXATION OF THE SAME AMOUNT IN TWO ASSESSMENT YEARS, THE TRIBUN AL HAS DELETED THE IMPUGNED AMOUNT FOR A.Y. 2005-06. THEREFORE, WE DO NOT FIND ANY MERIT IN THIS MISCELLANEOUS APPLICATION BY THE REVENUE WH ICH IS ACCORDINGLY DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ON 04.07.2014. . ' 6 1 5) & 7 8'9 04.07.2014 5 1 : SD/- SD/- (H.L. KARWA ) (N.K . BILLAIYA ) / PRESIDENT & '( / ACCOUNTANT MEMBER MUMBAI; 8' DATED 04.07.2014 . . ./ RJ , SR. PS M.A. NO. 69/M/2014 3 ' 6 ' 6 ' 6 ' 6 1 11 1 .2' .2' .2' .2' ; ')2 ; ')2 ; ')2 ; ')2 / COPY OF THE ORDER FORWARDED TO : 1. *- / THE APPELLANT 2. ./*- / THE RESPONDENT. 3. < ( ) / THE CIT(A)- 4. < / CIT 5. '=: .2 , , / DR, ITAT, MUMBAI 6. :> ? / GUARD FILE. ' 6 ' 6 ' 6 ' 6 / BY ORDER, /'2 .2 //TRUE COPY// @ @@ @ / A A A A + + + + (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI