INCOME TAX OFFICER 18(2)(3), MUMBAI V. MAHASUKHLAL LAXMICHAND SHETH, MUMBAI

MA 704/MUM/2017

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6614 (ITAT-MUMBAI)
• Duration Of Justice: 8 month(s) 5 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-05-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2005-2006
• Appeal Filed On: 29-08-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V JANARDHANAN
• Assessee Lawyers: KESHAV B BHUJALE
• Keywords: Rectification of order

Judgement Text

INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH H, MU MBAI BEFORE SHRI R.C.SHARMA, ACCOUNTANT MEMBER AND SHRI PAWAN SINGH, JUDICIAL MEMBER M.A. NOS. 704 /MUM/2017 IN ITA NO.541/MUM/2015 AY: 2005-06 M.A. NOS. 705 /MUM/2017 IN ITA NO. 5604/MUM/2014 AY : 2006-07 M.A. NOS. 706/MUM/2017 IN ITA NO. 5605/MUM/2014 A Y : 2007-08 M.A. NOS. 707/MUM/2017 IN ITA NO. 5747/MUM/2012 A Y : 2004-05 ITO - 18(2)(3), ROOM NO. 306, 3 RD FLOOR, EARNEST HOUSE, NARIMAN POINT, MUMBAI-400021 VS. M/S MAHASUKHLAL LAXMICHAND SHETH, 59/60/61 KRISHNA GALLI, SWADESHI MARKET, KALBADEVI ROAD, MUMBAI- 400092. PAN:AAAFM2568D (APPELLANT) (RESPON DENT) REVENUE BY : SH. V. JANARDHANAN (DR) ASSESSEE BY : SH. KESHAV B. BHUJA LE - AR DATE OF HEARING : 04.05 .201 8 DATE OF ORDER : 0 4 .05 .201 8 ORDER UNDER SECTION 254(2) OF INCOME TAX ACT. PER PAWAN SINGH, JUDICIAL MEMBER 1. THESE FOUR MISCELLANEOUS APPLICATION (M.A) UNDER SE CTION 254(2) OF INCOME TAX ACT, ARE FILED BY THE REVENUE /APPLICANT FOR RECTIFICATION OF ORDER DATED 07.10.2016, PASSED IN RESPECTIVE APPEAL(S). ALL M.A(S) ARE DECIDED BY COM MON ORDER MA NO.704 TO 707/M/2017 M/S MAHASUKHLAL LAXMICHAND SHETH 2 AS IDENTICAL CONTENTIONS ARE RAISED BY THE REVENUE IN ALL THE APPLICATIONS. 2. IN ALL APPLICATIONS THE APPLICANT / REVENUE HAS CON TENDED THAT THIS TRIBUNAL, WHILE PASSING THE ORDER SUSTAIN ED THE ORDER OF LD COMMISSIONER (APPEALS) ON ACCOUNT OF BO GUS PURCHASES @ 10% OF THE SUSPICIOUS PURCHASES FROM SUSPECTED HAWALA DEALERS. THE BENCH CONFIRMED THE O RDER OF LD COMMISSIONER (APPEALS) AND THE DISMISSED THE APP EAL OF THE ASSESSEE AS WELL AS REVENUE. IT IS FURTHER CONT ENDED THAT THE TRIBUNAL HAS NOT CONSIDERED THE DECISION OF CO- ORDINATE BENCH IN YASHPAL B. PICHOLIA IN A.Y. 2009-10 TO 201 1-1`2 WHEREIN ON IDENTICAL FACT TRIBUNAL APPLIED 12.5% OF THE SUSPECTED PURCHASES FOR THE PURPOSE OF ADDITION. FU RTHER, ANOTHER CO-ORDINATE BENCH IN ITA NO. 6134 & 6144/MUM/2014 IN A.Y. 2009-10 APPLIED GROSS PROFIT RATE OF 15% OF THE HAWALA PURCHASES FOR THE PURPOSE OF ADDI TION. 3. THE LD. SR. DR MADE HIS SUBMISSIONS ON THE LINES OF THE CONTENTS OF THE APPLICATION(S) AND PRAYED THAT THE ORDER MAY BE AMENDED OR ALTERED ACCORDINGLY. ON THE CONTRARY THE LD. AR FOR THE ASSESSEE STRONGLY OPPOSED THE MAINTAINAB ILITY OF THE MISCELLANEOUS APPLICATION. THE LD. AR SUBMITS T HAT THERE MA NO.704 TO 707/M/2017 M/S MAHASUKHLAL LAXMICHAND SHETH 3 IS NO MISTAKE APPARENT IN THE ORDER. THE SCOPE OF R ECTIFICATION OF ORDER AS PER THE LANGUAGE OF STATUE PROVIDED UND ER SECTION 254(2) OF THE ACT IS LIMITED. THE TRIBUNAL CANNOT R EWRITE THE ORDER BY APPRECIATING THE MATERIAL AFRESH. THE ORDE R WAS PASSED BY CONSIDERING THE ENTIRE FACTS OF THE APPEA L(S). 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS OF THE PAR TIES AND PERUSED THE CONTENTS OF THE PRESENT APPLICATIONS AN D THE CONSOLIDATED ORDER DATED 07.10.2016 PASSED IN ALL A PPEALS. IN OUR CONSIDERED VIEW, WHILE CONSIDERING THE MISCELLA NEOUS APPLICATION THE TRIBUNAL IS NOT ENTITLED TO APPRECI ATE OR RE- APPRECIATE THE MATERIAL ON RECORD. THE LD DR FOR TH E REVENUE FAILED TO BRING ANY MISTAKE ON RECORD WHICH MAY REQ UIRE RECTIFICATION AT OUR END. THE APPLICATIONS ARE DEVO ID OF MERITS AND THUS ALL ARE DISMISSED. 5. IN THE RESULT, ALL THE MISCELLANEOUS APPLICATIONS A RE DISMISSED. ORDER WAS PRONOUNCED IN THE OPEN COURT ON 4 TH MAY, 2018. SD/- SD/- (R.C. SHARMA) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI; DATED 04/05/2018 S.K.PS /COPY OF THE ORDER FORWARDED TO : MA NO.704 TO 707/M/2017 M/S MAHASUKHLAL LAXMICHAND SHETH 4 / BY ORDER, / (ASSTT.REGISTRAR) , / ITAT, MUMBAI 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A), MUMBAI. 4. / CIT 5. !'# , # , / DR, ITAT, MUMBAI 6. '%&' / GUARD FILE. //TRUE COPY/