DCIT RANGE 4 (3)(1), MUMBAI V. J.M. FINANCIAL INSTITUTIONAL SECURITIES LTD, MUMBAI

MA 734/MUM/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 3648 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-02-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2006-2007
• Appeal Filed On: 17-12-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: DR K SHIVARAM; SHRTI SASHANK DONDU
• Keywords: Rectification of order

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL F BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA , A M AND SANDEEP GOSAIN, JM M .A. NO. 734/MUM/2018 (ARISING OUT OF ITA NO. 3662/MUM/2016 ) ( ASSESSMENT YEAR: 2006 - 07 ) DCIT, RANGE 4(3)(1) R. NO. 674, 6 TH FLOOR, AAYAKAR BHAV AN, M. K. ROAD, MUMBAI - 400 020 VS. J.M. FINANCIAL INSTITUTIONAL SECURITIES LTD. FORMERLY KNOWN AS J. M. FINANCIAL CONSULTATANTS P. LTD. 7 TH FLOOR, CNERGY APPASAHEB MARATHE MARG, PRABHADEVI, MUMBAI PAN/GIR NO. AAACM 7079 C ( APPELLANT ) : ( RESPOND ENT ) APPELLANT BY : SHRI ABI RAMA KARTHIKEYAN RESPONDENT BY : DR. K. SHIVARAM & SHRTI SASHANK DONDU DATE OF HEARING : 15.02.2019 DATE OF PRONOUNCEMENT : 20.02 .2019 O RDER PER SHAMIM YAHYA, A. M.: BY WAY OF THIS MISCELLANEOUS APPLICATION (M A FOR SHORT) THE R EVENUE SEEKS RECTIFICATION OF MISTAKE APPARENT FROM RECORD IN THE ORDER OF THIS TRIBUNAL IN ITA NO.3662/MUM/2016 VIDE ORDER DATED 02.07.2018. 2. W E HAVE HEARD BOTH THE COUNSEL AND PERUSED THE RECORDS. WE FIND THAT IN THE ABOVE MENTIONE D INCOME TAX APPEAL BY THE R EVENUE , THE R EVENUE HA D CHALLENGED THE QUASHING OF APPEAL BY THE LEARNED CIT - A ON THE ISSUE OF JURISDICTION. AFTER HAVING QUASHING THE 2 M.A. NO. 734/MUM/2018 A SSESSMENT ON JURISDICTION ISSUE, THE CIT - A HAS NOT ADJUDICATED UPON THE MERITS OF THE CASE. 3. THE ASSESSEE BEING AGGRIEVED HAD RAISED GROUND UNDER R ULE 27 AGAINST THIS ACTION OF THE LEARNED CIT - A . I N THIS BACKGROUND , THE 1TAT HAD REFERRED TO THE DECISION OF HONBLE MADRAS HIGH COURT DECISION IN THE CASE OF CIT VS. RAMDAS PHARMACY [1970] 77 ITR 276 (MAD) FOR THE PROPOSITION THAT ALL ISSUES RAISED IN AN APPEAL SHOULD BE DECIDED. ACCORDINGLY , THE ITAT HAD REMITTED THE ISSUE TO THE FILE OF LEARNED CIT - A TO COMPLETE THE ORDER BY ADJUDICATING UP ON THE MERITS OF THE CASE. THE ITAT HAD NOT ADJUDICATED UPON THE GROUND RAISED BY THE R EVENUE. THE ITAT HAD MADE IT CLEAR THAT AFTER THE ORDER OF LD CIT - A IS COMPLETE UPON THE REMITTING BY THE ITAT, BOTH THE PARTIES ARE AT LIBERTY TO FILE THE APPEALS AS NECESSARY. 4. IN THESE CIRCUMSTANCES , WE FIND THAT THE M A FILED BY THE R EVENUE CONTESTING THAT ITAT HAS NOT ADJUDI CATED THE APPEAL RAISED BY THE R EVENUE , IS MISPLACED. FULLY CONSCIOUS OF THE FACTS OF THE CASE AND UPON CONSENT OF BOTH THE PARTIES AND FOLLOWING THE PRECEDENT FROM HONBLE MADRAS HIGH COURT THE TRIB UNAL HAD REMITTED THE MATTER TO THE FILE OF CIT - A FOR ADJUDICATING THE ISSUE ON MERITS LEFT UNDECIDED BY HIM. IT WAS MADE AMPLY CLEAR IN THE ITAT ORDER THAT IF THE PARTIES SUBSEQUENT TO THE COMPLETION OF THE ORDER BY THE LD CIT - A ARE AGGRIEVED, NECESSARY A PPEALS MAY BE FILED . IN THESE CIRCUMSTANCES , IN OUR CONSIDERED OPINION , THE MISCELLANEOUS APPLICATION FILED BY THE R EVENUE DESERVES TO BE DISMISSED AND THE SAME IS DISMISSED AS SUCH . 3 M.A. NO. 734/MUM/2018 5. IN THE RESULT, THIS MISCELLANEOUS APPLICATION IS DISMISSED AS SUCH. ORDER PRONOUNCED IN THE OPEN COURT ON 20.02.2019 SD/ - SD/ - (SANDEEP GOSAIN) (S HAMIM YAHYA) JUDICIAL MEMBER A CCOUNTANT MEMBER MUMBAI ; DATED : 20.02.2019 ROSHANI , SR. PS COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT - CONCERNED 5. DR, ITAT, MUMBAI 6. GUARD F ILE BY ORDER, (DY./ASSTT. REGISTRAR) ITAT, MUMBAI