PRABODH J. KOTHARI, MUMBAI V. ACIT CEN CIR 9, MUMBAI

MA 745/MUM/2018

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 6954 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 01-03-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2006-2007
• Appeal Filed On: 15-12-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DHARM VEER SINGH
• Section: 271(1)(c); 254(2)

Judgement Text

IN THE INCOME-TAX APPELLATE TRIBUNAL C BENCH MUMB AI BEFORE SHRI G.S. PANNU, VICE- PRESIDENT AND SHRI PAWAN SINGH, JUDICIAL MEMBER M.A. NO. 745/MUM/2018 IN ITA NO.5930/MUM/2013 (A.Y. 2006-07 ) M.A. NO. 746/MUM/2018 IN ITA NO.5931/MUM/2013 (A.Y. 2007-08 ) M.A. NO. 747/MUM/2018 IN ITA NO.5932/MUM/2013 (A.Y. 2008-09 ) PRABODH J. KOTHARI THROUGH L/H RAMILA P. KOTHARI, PLOT NO.18, NUTAN LAXMI SOCIETY, PRASAD BUILDING, 1 ST FLOOR, N.S. ROAD NO. 9, JVPD SCHEME, VILE PARLE (WES T), MUMBAI -400049. PAN: AABPK0845N VS. ACIT, CENTRAL CIRCLE-9, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI-400020. APPELLANT RESPONDENT APPELLANT BY : SHRI VIJAY MEHTA (AR) RESPONDENT BY : SHRI DHARM VEER SINGH (DR) DATE OF HEARING : 01.03.2019 DATE OF PRONOUNCEMEN T : 01.03.2019 ORDER UNDER SECTION 254(2) OF INCOMETAX ACT PER PAWAN SINGH, JUDICIAL MEMBER; 1. THESE THREE MISCELLANEOUS APPLICATIONS (M.A.) ARE F ILED BY ASSESSEE FOR RECTIFICATION OF CERTAIN TYPOGRAPHICAL MISTAKE IN T HE CONSOLIDATED ORDER FOR ASSESSMENT YEAR 2002-03 TO 2008-09 IN ITA NO. 5926 TO 5932/MUM/2013 DATED 05.10.2015. 2. THE LD. AR OF THE ASSESSEE SUBMITS THAT THERE IS CE RTAIN MISTAKE IN RECODING THE FIGURE OF PENALTY AMOUNT IN PARA-1 ON PAGE-2, W HEREIN THE TRIBUNAL HAS TABULATED THE DETAIL OF PENALTY UNDER SECTION 271(1 )(C) FOR ASSESSMENT YEAR 2002-03 TO 2008-09. THE LD. AR SUBMITS THAT FOR A.Y . 2006-07, THE ASSESSING OFFICER LEVIED THE PENALTY OF RS. 11,91,3 21/-, WHICH IS INCORRECTLY M.A. NO. 745 TO 747 MUM 2018-PRABODH J. KOTHARI 2 MENTIONED AS RS. 3,89,900/-. FOR A.Y. 2007-08, THE ASSESSING OFFICER LEVIED THE PENALTY OF RS. 38,78,980/- WHICH IS INCORRECTLY MENTIONED AS RS. 97,121/- . FOR A.Y. 2008-09, THE ASSESSING OFFICER LEVIED TH E PENALTY OF RS. 97,121/- WHICH IS INCORRECTLY MENTIONED AS RS. 11,91,321/-. 3. THE LD. AR FURTHER SUBMITS THAT ASSESSEE FILED INIT IALLY THE ASSESSEE FILED A APPLICATION OF R CORRIGENDUM OF THE ORDER, HOWEVER THE ASSESSEE WAS LATER ADVISED TO FILE APPLICATION FOR RECTIFICATION. THE LD AR FURTHER SUBMITS THAT THE ASSESSEE DIED ON 10.07.2018. THE APPLICANT/LRS OF THE ASSESSEE HAS FILED AN APPLICATION SUPPORTED WITH AFFIDAVIT OF SMT. RAM ILA PRABODH KOTHARI ALONG WITH THE DEATH CERTIFICATE LEGAL HEIRS OF ASS ESSEE DATED 18.07.2018 FOR BRINGING LEGAL HEIRS ON RECORD. 4. ON THE OTHER HAND, THE LD. DR FOR THE REVENUE AFTER GOING THROUGH THE CONTENTS OF THE MISCELLANEOUS APPLICATIONS AND THE FIGURES OF PENALTY LEVIED BY ASSESSING OFFICER FOR A.Y. 2006-07, 2007-08 & 20 08-09 AGREED THAT THE CORRECT FIGURE OF PENALTY LEVIED BY ASSESSING OFFIC ER FOR A.Y. 2006-07 IS RS. 11,91,321/-, FOR A.Y. 2007-08 IS RS. 38,78,980/- AN D FOR A.Y. 2008-09 IS RS. 97,121/-. THE LD. DR FURTHER SUBMITS THAT HE HAS NO OBJECTION, IF NECESSARY CORRECTION/RECTIFICATION IS MADE IN THE ORDER DATED 05.10.2015. 5. WE HAVE CONSIDERED THE SUBMISSION OF BOTH THE PARTI ES AND PERUSED THE RECORD. AFTER PERUSAL OF RECORD, WE FIND MERIT IN T HE SUBMISSION OF LD. AR OF THE ASSESSEE THAT THERE IS MISTAKE IN PARA-1 ON PAG E-2 IN RECORDING THE AMOUNT OF PENALTY UNDER SECTION 271(1)(C) LEVIED BY ASSESSING OFFICER. M.A. NO. 745 TO 747 MUM 2018-PRABODH J. KOTHARI 3 THEREFORE, WE DIRECT THAT THE AMOUNT OF PENALTY MEN TIONED IN TABULATED FORM IN PARA-1 ON PAGE-2 OF ORDER DATED 05.10.2010 BE RE AD AS UNDER: ASSESSMENT YEAR PENALTY LEVIED 2002 - 03 6,97,007 2003 - 04 9,81,949 2004-05 3,01,363 2005-06 4,34,875 2006-07 11,91,321 2007-08 38,78,980 2008 - 0 9 97,121 6. WE HAVE ALSO NOTED THAT THE ASSESSEE HAS ALREADY FI LED AN APPLICATION FOR BRINGING LRS OF ASSESSEE ON RECORD VIDE APPLICATION DATED 09.10.2018. THE APPLICATION OF LRS IS DULY SUPPORTED BY THE AFFIDAV IT OF APPLICANT/SMT. RAMILA PRABODH KOTHARI AND DEATH CERTIFICATE OF ASS ESSEE DATED 17.07.2018. 7. THEREFORE, CONSIDERING THE SUBMISSION OF LD. AR OF THE ASSESSEE, THE NAME OF LRS/APPLICANT NAMELY RAMILA PRABODH KOTHARI IS ALSO INCLUDED / SUBSTITUTED IN THE ARRAY OF PARTIES OF THIS ORDER. 8. IN THE RESULT, ALL THE M.AS. FILED BY THE APPLICANT / LRS OF ASSESSEE ARE ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 01.03.2019. SD/- SD/- G.S. PANNU PAWAN SINGH VICE-PRESIDENT JUDICIAL MEMBER MUMBAI, DATE: 01.03.2019 SK COPY OF THE ORDER FORWARDED TO : 1. ASSESSEE 2. RESPONDENT 3. THE CONCERNED CIT(A) 4. THE CONCERNED CIT 5. DR C BENCH, ITAT, MUMBAI 6. GUARD FILE BY OR DER, DY./ASST. REGISTRAR ITAT, MUMBAI