ASST CIT CIR 8(3), V. VENTURE INFOTEK GLOBAL P.LTD,

MA 763/MUM/2012

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 0628 (ITAT-MUMBAI)
• Duration Of Justice: 6 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 03-07-2013
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2003-2004
• Appeal Filed On: 17-12-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SHABNAM SHAIKH

Judgement Text

MA NO. 762 & 763/MUM/2012 VENTURE INFOTEK GLOBAL P. LTD. - 1 - IN THE INCOME TAX APPELLATE TRIBUNAL F BENCH, MUMBAI , ! '# $ $ $ $ % &' , ( '# ) BEFORE SHRI RAJENDRA SINGH, AM AND AMIT SHUKLA, JM, *$*$ $'+ / MA NO. 762 /MUM/2012 ARISING OUT OF ITA 5776/MUM/2007 ( (+ , $-, (+ , $-, (+ , $-, (+ , $-, / / / / ASSESSMENT YEAR : (2002-03) *$*$ $'+ / MA NO. 763 /MUM/2012 ARISING OUT OF ITA 5777/MUM/2007 ( (+ , $-, (+ , $-, (+ , $-, (+ , $-, / / / / ASSESSMENT YEAR : (2003-04) ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 8(3), AAYKAR BHAVAN, 101, M.K. ROAD, MUMBAI 400 020 + + + + / VS. VENTURE INFOTEK GLOBAL P. LTD., B-52, VEERA INDUSTRIAL ESTATE, NEW LINK ROAD, ANDHERI (W), MUMBAI 400 053. #/ ! ./ PAN : AAACE2403J ( /1 / // / APPELLANT ) .. ( 23/1 / RESPONDENT ) /1 4 5 / APPELLANT BY : MR. MOHIT JAIN 23/1 4 5 / RESPONDENT BY : MS. SHABNAM SHAIKH +$ 4 %! / // / DATE OF HEARING : 28-6-2013 67- 4 %! / DATE OF PRONOUNCEMENT : 3-7-2013 '& / O R D E R PER RAJENDRA SINGH THESE MISCELLANEOUS APPLICATIONS HAVE BEEN FILED BY THE REVENUE POINTING OUT APPARENT MISTAKES IN THE ORDER DATED 2 7.3.2012 OF THE TRIBUNAL IN ITA NO. 5776/MUM/2007 FOR ASSESSMENT YE AR 2002-2003 AND IN ITA NO. 5777/MUM/2007 FOR ASSESSMENT YEAR 20 03-04 MA NO. 762 & 763/MUM/2012 VENTURE INFOTEK GLOBAL P. LTD. - 2 - RESPECTIVELY. REQUEST HAS BEEN MADE FOR RECALL OF T HESE ORDERS ON THE GROUND OF APARENT MISTAKES. 2. WE FIRST TAKE UP THE MISCELLANEOUS APPLICATION N O. 762/MUM/2012 RELATING TO THE ORDER OF TRIBUNAL IN I TA NO. 5776/MUM/2007. IN THIS MISCELLANEOUS APPLICATION THE REVENUE HAS SUBMITTED THAT THE GROUND NO.2 OF THE REVENUE RELAT ING TO THE ADDITION ON ACCOUNT OF DISCREPANCY AS PER TDS CERTIFICATES A MOUNTING TO RS. 7565323/- HAS NOT BEEN ADJUDICATED BY THE TRIBUNAL AND ACCORDINLGY IT HAS BEEN REQUESTED THAT THE SAID GROUND MAY BE RECA LLED FOR FRESH ADJUDICATION. 3. WE HAVE HEARD BOTH THE PARTIES, PERUSED THE RECO RDS AND CONSIDERED MATTER CAREFULLY. THE REVENUE HAD RAISED TWO GROUNDS IN ITA NO. 5776/MUM/2007 RELATING TO THE BAD DEBT AND THE ADDITION ON ACCOUNT OF DISCREPANCY AS PER TDS CERTIFICATE. THE TRIBUNAL HAD DISPOSED OF THE SAID APPEAL VIDE PARA 9 OF THE ORDE R IN WHICH ONLY THE ISSUE OF BAD DEBT HAS BEEN DISCUSSED AND DECIDED. T HEREFORE, WE AGREE WITH THE SUBMISSION OF THE REVENUE THAT THE GROUND NO.2 RELATING TO ADDITION OF RS. 7565323/- ON ACCOUNT OF DISCREPANCY AS PER TDS CERTIFICATE HAS NOT BEEN ADJUDICATED BY THE TRIBUNA L. WE, THEREFORE, RECALL THE ORDER OF TRIBUNAL FOR THE LIMITED PURPOS E OF ADJUDICATING THE GROUND NO. 2 RELATING TO THE ADDITION BASED ON DISC REPANCY AS PER TDS CERTIFICATES AFTER HEARING BOTH THE PARTIES AFRESH. 4. IN THE MISCELLANEOUS APPLICATION NO. 763/MUM/201 2 OF ITA NO. 5777/MUM/2007 TO ASSESSMENT YEAR 2003-04. THE MISTAKE POINTED OUT BY THE REVENUE IS THAT THE TRIBUNAL IN THE SAID ORDER DATED 27-3-2012 HAS SET ASIDE AND RESTORED TO THE FILE OF AO THE GROUND RAISED BY THE REVENUE RELATING TO DISALLOWANCE ON ACCOUNT OF PROVISIONS FOR SLOW MOVING CARDS OF RS. 9,34,420/-. IT HAS BEEN PO INTED OUT BY THE MA NO. 762 & 763/MUM/2012 VENTURE INFOTEK GLOBAL P. LTD. - 3 - REVENUE THAT ON THE SAME ISSUE IN ASSESSMENT YEAR 2 002-03 THE TRIBUNAL IN ITA NO. 5958/MUM/2007 HAS DISMISSED THE APPEAL OF THE ASSESSEE AS NOT PRESSED. IT HAS BEEN SUBMITTED THAT IN VIEW OF THIS POSISTION, THE APPEAL OF THE REVENUE IN ASSESSMENT YEAR 2003-04 WAS REQUIRED TO BE CONFIRMED WHICH WAS NOT DONE, WHICH RESULTED INTO MISTAKE, WHICH MAY BE RECTIFIED. 5. WE HAVE HEARD BOTH THE PARTIES, PERUSED THE RECORDS AND CONSIDERED MATTER CAREFULLY. THE MISTAKE POINTED OU T BY REVENUE IN RELATION TO THE ADDITION MADE BY AO ON ACCOUNT OF P ROVISIONS FOR SLOW MOVING CARDS. IT APPEARS THAT THE AO HAD MADE DISAL LOWANCE ON ACCOUNT OF PROVISIONS FOR SLOW MOVING CARDS, PART O F WHICH HAD BEEN CONFIRMED BY THE CIT (A) AND BALANCE HAD BEEN DELET ED. IN ASSESSMENT YEAR 2002-03, ONLY THE ASSESSEE HAD FILED THE APPEA L WHICH HAD NOT BEEN PRESSED AND ACCORDINGLY IT WAS DISMISSED AS NO T PRESSED. THE REVENUE HAD NOT FILED ANY APPEAL ON THIS ISSUE IN A SSESSMENT YEAR 2002-03. IN ASSESSMENT YEAR 2003-04, THE ASSESSEE HAS NOT FILED APPEAL ON THE GROUND RELATING TO SLOW MOVING CARDS. THE APPEAL HAD BEEN FILED BY THE REVENUE. THE TRIBUNAL FOLLOWING T HE DECISION TAKEN IN THE ASSESSMENT YEAR 2001-02 ON THIS ISSUE, RESTORED THE MATTER TO THE FILE OF AO FOR FRESH ADJUDICATION. THUS THE ISSUE W ILL BE DECIDED BY AO AFRESH AFTER HEARING THE ASSESSEE. THE DECISION OF ASSESSEE TO NOT FILE APPEAL IN ASSESSMENT YEAR 2003-04 OR ITS DECISION T O NOT PRESS THE APPEAL ON THIS ISSUE IN ASSESSMENT YEAR 2002-03 DOE S NOT HAVE ANY IMPACT ON THE DECISION OF TRIBUNAL. ON REVENUES AP PEAL IN ASSESSMENT YEAR 2003-04 IN WHICH THE ISSUE HAS BEEN RESTORED T O THE FILE OF AO. THEREFORE, NON FILING OF APPEAL BY THE ASSESSEE DOE S NOT MEAN THAT THE TRIBUNAL CANNOT SET ASIDE THE ISSUE OF DISALLOWANCE DELETED BY CIT (A). HOWEVER THE AO IN THE FRESH PROCEEDINGS WILL HAVE T O MAKE ADDITION AT LEAST TO THE EXTENT OF ADDITION CONFIRMED BY CIT (A ) ON THIS ACCOUNT AND FURTHER ADDITION IF ANY WILL BE DECIDED BY AO AFTER FRESH EXAMINATION MA NO. 762 & 763/MUM/2012 VENTURE INFOTEK GLOBAL P. LTD. - 4 - AND AFTER HEARING THE ASSESSEE. THERFORE, WE DO NOT SEE ANY APPARENT MISTAKE IN THE ORDER OF TRIBUNAL IN RESTORING THE M ATTER TO THE FILE OF AO. THE MISCELLANEOUS APPLICATION IS THUS REJECTED. IN THE RESULT THE MISCELLANEOUS APPLICATION OF THE REVENUE IN MA NO. 762/MUM/2012 IS ALLOWED WHEREAS THE MISCELLANEIOUS APPLICATION 763/MUM/2012 STANDS REJECTED. ORDER PRONOUNCED IN THE OPERN COURT TODAY I.E 3/7/2013 SD/- SD/- ( AMIT SHUKLA) (RAJENDRA SINGH) ( '# / JUDICIAL MEMBER ! '# / ACCOUNTANT MEMBER S.K. SR. P.S. MUMBAI, DATED 3/7/2013 '& 4 2(%* K*-% '& 4 2(%* K*-% '& 4 2(%* K*-% '& 4 2(%* K*-%/ COPY OF THE ORDER FORWARDED TO : 1. /1 / THE APPELLANT 2. 23/1 / THE RESPONDENT. 3. L () / THE CIT(A)- 4. L / CIT 5. *$OP 2(%(+ , , / DR, ITAT, MUMBAI 6. PQ, / GUARD FILE. '&+ '&+ '&+ '&+ / BY ORDER, 3*% 2(% //TRUE COPY// R RR R/ // / ( DY./ASSTT. REGISTRAR) , , , , / ITAT, MUMBAI