GROWMORE EXPORTS LTD., MUMBAI V. DCIT CENT. CIR. 31, MUMBAI

MA 72/MUM/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4802 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 05-08-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 1992-1993
• Appeal Filed On: 21-03-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR P DANIEL
• Assessee Lawyers: NAVAL SHAH
• Section: 234B; 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL ' G ' BENCH, MUMBAI BEFORE SHRI JASON P. BOAZ, ACCOUNTANT MEMBER AND SHRI RAM LAL NEGI , JUDICIAL MEMBER M A NO S . 7 2 & 73 /MUM/201 6 (ARISING OUT OF ITA NO S . 3491 & 3492 /MUM/2014) (ASSESSMENT YEAR: 1992 - 93 ) GROWMORE EXPORTS LTD. VS. DCIT, CENTRAL CIRCLE 31 32, MADHULI DR. A.B. ROAD, WORLI MUMBAI 400018 AYAKAR BHAVAN, M.K. ROAD MUMBAI 400020 PAN - AAACG4939P APPELLANT RESPONDENT APPLICANT BY: SHRI NAVAL SHAH RESPONDENT BY: DR. P. DANIEL DATE OF HEARING: 05 . 08 .2016 DATE OF PRONOUNCEMENT: 05 . 08 .2016 O R D E R PER JASON P. BOAZ, A.M . THESE MISCELLANEOUS APPLICATIONS FILED BY THE ASSESSEE UNDER SECTION 254(2 ) OF THE INCOME TAX ACT, 1961 (IN SHORT 'THE ACT') ARE IN RESPECT OF THE ORDER S PASSED BY THIS BENCH IN ITA NOS. 3491 & 3492 /MUM/2014 DATED 15.01.2016 FOR ASSESSMENT YEARS 1992 - 93 AND 2008 - 09 . 2 . VIDE THESE APPLICATIONS THE ASSESSEE SUBMITS THAT WHILE ADJUDICATING T HE ISSUE OF RE - COMPUTATION OF INTEREST UNDER SECTIONS 234A, 234B AND 234C OF THE ACT AND FOLLOWING THE DECISION OF THE CASE OF EMINENT HOLDINGS PVT. LTD., THE TRIBUNAL, VIDE PARA 7.3.2 FOR A.Y. 1992 - 93 AND PARA 15.3.2 FOR A.Y. 2008 - 09 HAS REFERRED TO THE W ORD TDS I.E. TAX DEDUCTED AT SOURCE INSTEAD OF TAX DEDUCTIBLE AT SOURCE. THE LEARNED A.R. FOR THE ASSESSEE SUBMITTED THAT THIS IS A MISTAKE APPARENT ON RECORD AND PRAYED FOR RECTIFYING THE SAME. 3 . WE HAVE HEARD THE RIVAL CONTENTIONS OF BOTH THE PARTIES AND PERUSED AND CAREFULLY CONSIDERED THE MATERIAL ON RECORD. FROM THE RECORD WE FIND M A NO S . 72 & 73 /MUM/2016 GROWMORE EXPORTS LTD. 2 THAT A MISTAKE HAS CREPT IN THE ABOVE MENTIONED ORDERS BY MENTIONING TDS INSTEAD OF TAX DEDUCTIBLE AT SOURCE. THIS IS A MISTAKE APPARENT ON RECORD, THEREFORE, THE SAM E IS RECTIFIED BY REWRITING THE PARA 7.3.2 AND 15.3.2 THEREOF AS UNDER: - FOLLOWING THE DECISION OF THE COORDINATE BENCH OF THIS TRIBUNAL IN THE CASE OF EMINENT HOLDINGS PVT. LTD. (SUPRA), WE RESTORE THE ISSUE OF COMPUTATION OF INTEREST CHARGEABLE UNDER S ECTIONS 234A, 234B AND 234C OF THE ACT TO THE FILE OF THE ASSESSING OFFICER FOR FRESH EXAMINATION AND ADJUDICATION AFTER CONSIDERING THE AMOUNT OF TAX DEDUCTIBLE AT SOURCE ON INCOME ASSESSED AND AFTER AFFORDING THE ASSESSEE ADEQUATE OPPORTUNITY OF HEARING AND TO FILE DETAILS/SUBMISSIONS IN THIS REGARD. CONSEQUENTLY, THE GROUND IS ALLOWED FOR STATISTICAL PURPOSES ONLY. 4 . IN THE RESULT, THE ASSESSEES MISCELLANEOUS APPLICATIONS FOR ASSESSMENT YEARS 1992 - 93 & 200 8 - 09 ARE ALLOWED . ORDER PRONOUNCED IN THE OPEN COURT ON 5 TH AUGUST , 2016 . SD/ - SD/ - ( RAM LAL NEGI ) ( JASON P. BOAZ ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 5 TH AUGUST , 2016 COPY TO: 1 . THE APPELLANT 2 . THE RESPONDENT 3 . THE CIT(A) - 53 , MUMBAI 4 . THE CIT , CENTRAL I II , MUMBAI 5 . THE DR, G BENCH, ITAT, MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI N.P.