ASSISTANT COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 2, MUMBAI V. LILADHAR MAJETHIA, MUMBAI

MA 736/MUM/2017

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6773 (ITAT-MUMBAI)
• Duration Of Justice: 8 month(s) 16 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 01-06-2018
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 15-09-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: PTB

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A , BENCH MUMBAI BEFORE SHRI R.C.SHARMA, AM & SHRI RAVISH SOOD , JM M A NO. 736/M UM/20 17 (ARISING OUT OF ITA NO.6140/MUM/2012 & CO NO.261/MUM/2013) ( ASSESSMENT YEAR : 2009 - 10 ) ACIT CC - 2 MUMBAI VS. SHRI LILADHAR MAJETHIA 7, 2 ND FLOOR, PATHAIBAPA NIWAS, N.S.ROAD MULUND (W) MUMBAI 400 080 PAN/GIR NO. ABYPT7683B APPELLANT ) .. RESPONDENT ) REVENUE BY SHRI V. JANARDHANAN ASSESSEE BY MS. RITIKA AGARWAL DATE OF HEARING 01 / 06 /201 8 DA TE OF PRONOUNCEMENT 01 / 06 /201 8 / O R D E R PER R.C.SHARMA (A.M) : THIS MISCELLANEOUS APPLICATION AROSE OUT OF ITA NO.6140/MUM/2012 & CO NO.261/MUM/2013. 2. THIS M.A. IS FILED BY THE REVENUE TO RECTIFY THE APPARENT MISTAKE IN THE ORDER OF THE TRIBUNAL DATED 18/06/2017. 3. IT WAS POINTED OUT BY LEARNED DR THAT W HILE DECIDING THE APPEAL AT PARA 15 OF ITS ORDER, THE HON'BLE ITAT CONCLUDED THAT THE CIT(A) HAS VERY JUDICIALLY UPHELD THE ADDITION OF RS. 50 LAKHS AS DECLARED BY THE ASSESSEE IN HIS STATEMENT RECORDED U/S 131. ASSESSEE M A NO. 736/MUM/2017 SHRI LILADHAR MAJETHIA 2 IS NOT IN APPEAL BEFORE US AGAINST THIS ADDITION. IT APPEARS THAT REVENUE HAS WRONGLY TAKEN THE GROUND TO THE EFFECT THAT CIT(A) HAS DELETED THE ADDITION OF RS. 50 LAKHS. SINCE THE CIT(A) HAS UPHELD THE ADDITION OF RS. 50 LAKHS, THE GROUND TAKEN BY REVENUE IS MISCONCEIVED. WHILE GIVING THE SAID FINDING, A MISTAKE APPARENT FROM RECORD HAS CREPT IN THE ORDER OF HON'BLE ITAT, AS EVIDENT FROM THE FACTS OF THE CASE AS DISCUSSED BELOW. 4. ON THE OTHER HAND, IT WAS ARGUED B Y LEARNED AR THAT THIS ISSUE WAS ARGUED IN DETAIL DURING THE COURSE OF HEARING. 5. WE HAVE GONE THROUGH THE MISCELLANEOUS PETITION AS WELL AS THE ORDER PASSED BY THE TRIBUNAL DATED 18/06/2017 AND THE ORDERS OF THE LOWER AUTHORITIES. WE HAD ALSO HEARD THE R IVAL CONTENTIONS AND FOUND THAT IN PARA 15, THE TRIBUNAL HAVE DELETED THE ADDITION OF RS.50,00,000/ - BY HAVING THE OBSERVATION THAT CIT(A) HAS DELETED THE ADDITION OF RS. 50,00,000/ - . HOWEVER, FACTUALLY THE CIT(A) HAS DELETED THE ADDITION AGAINST WHICH DEP ARTMENT WAS IN APPEAL BEFORE US. AS IT AMOUNTS TO MISTAKE APPARENT FROM RECORD, ACCORDINGLY WE RECALL THE ORDER TO A LIMIT ED EXTENT OF DECIDING DELETION OF RS.50,00,000/ - BY THE CIT(A) . THE APPEAL IS TO BE FIXED FOR HEARING ON 12/06/2018. THE DATE IS PRONO UNCED IN THE OPEN COURT, THEREFORE, NO SEPARATE NOTICE IS REQUIRED TO BE ISSUED. M A NO. 736/MUM/2017 SHRI LILADHAR MAJETHIA 3 6. IN THE RESULT, M.A. FILED BY THE DEPARTMENT IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 01 / 06 /201 8 SD/ - ( RAVISH SOOD ) SD/ - (R.C.SHARMA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED / /201 8 KARUNA SR. PS COPY OF THE ORDER FORWARDED TO : 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//