RBS EQUITIES (INDIA) LTD, V. ADDL CIT RG 4(1),

MA 732/MUM/2012

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 0658 (ITAT-MUMBAI)
• Duration Of Justice: 6 month(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 21-06-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: L
• Assessment Year: 2003-2004
• Appeal Filed On: 06-12-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: P J PARDIWALA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL L BENCH, MUMBAI .. , !'# $ $ $ $ %&. !.'.. $( , ) !'# !* BEFORE SHRI P.M. JAGTAP, AM AND DR. S.T.M. PAVALAN, JM +$+$ $'( 732 /MUM/2012 ARISING OUT OF ITA NO. 3077/MUM/2009 ( )( / $0/ )( / $0/ )( / $0/ )( / $0/ / / / / ASSESSMENT YEAR : 2003-04) +$+$ $'( 733 /MUM/2012 ARISING OUT OF ITA NO. 1236/MUM/2010 ( )( / $0/ )( / $0/ )( / $0/ )( / $0/ / / / / ASSESSMENT YEAR : 2005-06) RBS EQUITIES (INDIA) LIMITED, (FORMERLY KNOWN AS ABN AMRO ASIA EQUITIES (INDIA) LIMITED), 5 TH FLOOR, 4 NORTH AVENUE, MAKER MAXITY, BANDRA KURLA COMPLEX, MUMBAI 400 051. ( ( ( ( / VS. ADDL. COMMISSIONER OF INCOME-TAX, RANGE 4(1), MUMBAI. #2 !./ PAN : AAACH 1596D ( 23 / // / APPELLANT ) .. ( 4523 / RESPONDENT ) 23 6 7 ! / APPLICANT BY : SHRI P.J. PARDIWALA 4523 6 7 ! / RESPONDENT BY : NONE !($ 6 / // / DATE OF HEARING : 21 -6-13 890 6 / DATE OF PRONOUNCEMENT : 21 -6-13 ': / O R D E R PER P.M. JAGTAP, A.M . : BY THESE MISC. APPLICATIONS, THE ASSESSEE IS SEEKIN G RECTIFICATION OF THE MISTAKES ALLEGED TO HAVE CREPT IN THE ORDER OF THE TRIBUNAL DTD. 14-09-2012 PASSED IN ITA NO. 3077/M/2009 AND 1236/MUM/2010. MA NOS. 732 & 733/MUM/2012 2 2. AT THE TIME OF HEARING FIXED ON 21-6-2013, NONE ATTENDED ON BEHALF OF THE REVENUE DESPITE THE FACT THAT THE SAID DATE OF HEARING WAS DULY ANNOUNCED AT THE TIME OF LAST DATE OF HEARING FIXED ON 7-6-2013 IN THE OPEN COURT AND TAKEN NOTE OF BY BOTH THE SIDES. THESE M ISC. APPLICATIONS OF THE ASSESSEE, THEREFORE, ARE BEING DISPOSED OF EX PARTE QUA THE REVENUE AFTER HEARING THE ARGUMENTS OF THE LD. COUNSEL FOR THE AS SESSEE AND PERUSING OF THE RELEVANT MATERIAL ON RECORD. 3. AS SUBMITTED BY THE ASSESSEE IN THE PRESENT MISC . APPLICATIONS AND FURTHER REITERATED BY THE LD. COUNSEL FOR THE ASSES SEE AT THE TIME OF HEARING BEFORE US, TWO APPEALS FILED BY THE ASSESSEE FOR AS SESSMENT YEARS 2003-04 AND 2005-06 WERE HEARD TOGETHER AND DISPOSED OF BY THE TRIBUNAL VIDE A CONSOLIDATED ORDER DTD. 14-9-2012 (SUPRA). HE HAS SUBMITTED THAT DURING THE COURSE OF HEARING, THE APPEAL FOR A.Y. 2005-06 WAS EXTENSIVELY ARGUED ON BEHALF OF THE ASSESSEE AND A BRIEF NOTE WAS FILED I N WRITING GIVING THE CASE SUMMARY AS WELL AS CONTENTIONS OF THE ASSESSEE. HE HAS SUBMITTED THAT AFTER ARGUING THE APPEAL FOR A.Y. 2005-06, IT WAS SUBMITT ED BY THE AUTHORIZED REPRESENTATIVE OF THE ASSESSEE THAT THE ISSUE INVOL VED IN THE APPEAL FOR A.Y. 2003-04 BEING THE SAME AS INVOLVED IN A.Y. 2005-06, THE DECISION FOR A.Y. 2005-06 MAY BE FOLLOWED FOR A.Y. 2003-04. IT IS AR GUED THAT THE TRIBUNAL, HOWEVER, VIDE ITS COMMON ORDER DTD. 14-09-2013 (SUP RA) DECIDED THE APPEAL OF THE ASSESSEE FOR A.Y. 2003-04 FIRST AND FOLLOWED TH E DECISION FOR A.Y. 2003-04 IN A.Y. 2005-06 WHICH HAS RESULTED INTO NON-CONSIDE RATION OF EXTENSIVE ARGUMENTS RAISED ON BEHALF OF THE ASSESSEE FOR A.Y. 2005-06 AS WELL AS THE WRITTEN SUBMISSION FILED FOR THE SAID YEAR GIVING R ISE TO A MISTAKE APPARENT FROM RECORD. 4. AFTER CONSIDERING THE SUBMISSION MADE ON BEHALF OF THE ASSESSEE AND PERUSING THE RELEVANT MATERIAL ON RECORD INCLUDING THE RELEVANT NOTINGS MADE IN THE LOG BOOK AT THE TIME OF HEARING OF THE APPEA LS OF THE ASSESSEE, WE FIND THAT THERE IS A MISTAKE IN THE ORDER OF THE TRIBUNA L DTD. 14-09-2012 (SUPRA) AS POINTED OUT BY THE ASSESSEE IN THE PRESENT MISC. AP PLICATIONS INASMUCH AS MA NOS. 732 & 733/MUM/2012 3 THE APPEAL OF THE ASSESSEE FOR A.Y. 2005-06 WAS ARG UED EXTENSIVELY ON BEHALF OF THE ASSESSEE WITH A REQUEST TO FOLLOW THE DECISI ON TO BE RENDERED IN THE SAID YEAR FOR A.Y. 2003-04 WHICH INVOLVED A SIMILAR ISSU ES WHEREAS THE TRIBUNAL DECIDED THE ISSUES INVOLVED IN THE APPEAL OF THE AS SESSEE FOR A.Y. 2003-04 FIRST AND FOLLOWED THE SAID DECISION IN A.Y. 2005-06, WHI CH HAS RESULTED IN NON- CONSIDERATION OF SUBMISSIONS MADE ON BEHALF OF THE ASSESSEE ON THE ISSUES INVOLVED ON MERIT AS WELL AS THE WRITTEN SUBMISSION PLACED ON RECORD BEFORE THE TRIBUNAL. THUS A MISTAKE APPARENT FROM RECORD HAS CREPT IN THE ORDER OF THE TRIBUNAL DATED 14-09-2013 (SUPRA) AS RIGHTLY PO INTED OUT BY THE ASSESSEE IN THE PRESENT MISC. APPLICATIONS WHICH IS REQUIRED TO BE RECTIFIED BY RECALLING THE SAID ORDER OF THE TRIBUNAL AND DECIDING THE APP EALS OF THE ASSESSEE FOR ASSESSMENT YEARS 2003-04 & 2005-06 AFRESH. ACCORDI NGLY, WE RECALL THE ORDER OF THE TRIBUNAL DTD. 14-09-2013 (SUPRA) AND RESTORE THE APPEALS OF THE ASSESSEE FOR ASSESSMENT YEARS 2003-04 & 2005-06 TO ITS ORIGINAL NUMBER WITH A DIRECTION TO THE REGISTRY TO FIX THE SAME FOR FRE SH HEARING AND DISPOSAL BEFORE THE REGULAR BENCH IN DUE COURSE. 5. IN THE RESULT, THE MISC. APPLICATIONS FI LED BY THE ASSESSEE ARE ALLOWED. ; < )( /; +$+$ $'( #$ = 6 >? ORDER PRONOUNCED IN THE OPEN COURT ON 21-06-2013. . ': 6 890 @'(< 21-06-2013 9 6 SD/- SD/- (DR. S.T.M. PAVALAN) ( P.M. JAGTAP ) !'# / JUDICIAL MEMBER ) !'# / ACCOUNTANT MEMBER MUMBAI ; @'( DATED 21-06-2013 $.)(.!./ RK , SR. PS MA NOS. 732 & 733/MUM/2012 4 ': 6 4)G+ H+0 ': 6 4)G+ H+0 ': 6 4)G+ H+0 ': 6 4)G+ H+0/ COPY OF THE ORDER FORWARDED TO : 1. 23 / THE APPELLANT 2. 4523 / THE RESPONDENT. 3. I () / THE CIT(A)- CONCERNED, MUMBAI 4. I / CIT CONCERNED, MUMBAI 5. +$L 4))( , , / DR, ITAT, MUMBAI E BENCH 6. %/ M / GUARD FILE. ':(! ':(! ':(! ':(! / BY ORDER, !5+ 4) //TRUE COPY// N N N N/ // /!> !> !> !> ( DY./ASSTT. REGISTRAR) , , , , / ITAT, MUMBAI