ASST CIT CIR 1(3), MUMBAI V. SPECTRUM COAL AND POWER LTD, NEW DELHI

MA 791/MUM/2017

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6437 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 21 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-04-2018
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: E
• Assessment Year: 2007-2008
• Appeal Filed On: 16-10-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES E, MUMBAI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER & SHRI PAWAN SINGH, JUDICIAL MEMBER MA NO. 791/MUM/2017 (ARISING OUT OF ITA NO.899/MUM/2013 FOR A Y 2007-08 ) MA NO. 792/MUM/2017 (ARISING OUT OF ITA NO.898/MUM/2013 FOR A Y 2006-07 ) MA NO. 793/MUM/2017 (ARISING OUT OF ITA NO.1880/MUM/2010 FOR A Y 2004-0 5) MA NO. 794/MUM/2017 (ARISING OUT OF ITA NO.900/MUM/2013 FOR A Y 2008-09 ) MA NO. 795/MUM/2017 (ARISING OUT OF ITA NO.1881/MUM/2010 FOR A Y 2005-0 6) SPECTRUM COAL & POWER LTD., 18, VASANT ENCLAVE, RAO TULA RAM MARG, NEW DELHI 110 057 PAN AADCS9860J VS. ACIT CIRCLE 1(3)/, MUMBAI (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI SALIL KAPOOR & MS. SOUMYA SINGH RESPONDENT BY : SHRI RAM TIWARI DATE OF HEARING : 06 . 0 4 .201 8 . DATE OF PRONOUNCEMENT : 0 6 .0 4 .201 8 O R D E R PER PAWAN SINGH, JUDICIAL MEMBER: THE PRESENT MISCELLANEOUS APPLICATIONS HAVE BEEN F ILED BY THE ASSESSEE SEEKING RECTIFICATION IN THE COMMON ORDER FOR ALL T HE ASSESSMENT YEARS, PASSED BY THE TRIBUNAL, DATED 03.08.2017. MA NO791 TO 795/MUM/2017 SPECTRUM COAL & POWER LTD 2 2. THE LEARNED AR FOR THE ASSESSEE ARGUED THAT THER E IS A MISTAKE APPARENT IN PARA 19 OF THE ORDER PASSED BY THE TRIB UNAL. HE SUBMITTED THAT WHILE PASSING THE ORDER, THE BENCH HAS OBSERVED THA T THE LAND WAS TAKEN ON A LONG TERM LEASE AS IS THE CASE OF THE ASSESSEE. HE FURTHER SUBMITTED THAT THIS FACT IS WRONGLY APPRECIATED BY THE TRIBUNAL. THE CORRECT FACT REGARDING THE OWNERSHIP HAS BEEN APPRECIATED BY THE LEARNED C IT(A) IN PARA 11 OF HIS ORDER. THE LEARNED CIT(A) HAS CATEGORICALLY HELD T HAT THE LAND UNDER CONSIDERATION ON WHICH ROADS AND BRIDGES HAVE BEEN CONSTRUCTED IS IN THE OWNERSHIP OF SOUTH EASTERN COALFIELD LTD. THE LEAR NED AR OF THE ASSESSEE PRAYED FOR A SUITABLE AMENDMENT/RECTIFICATION TO BE MADE IN PARA 19 OF THE ORDER AND STATED THAT THE RECTIFICATION SO MADE WIL L NOT CHANGE THE NATURE AND RESULT OF THE ORDER PASSED BY THE TRIBUNAL. 3. THE LEARNED DR, ON THE OTHER HAND, SUBMITS THAT THERE IS NO MISTAKE APPARENT ON RECORD. HE ALSO SUBMITTED THAT ANY REC TIFICATION AS PRAYED/SUGGESTED BY THE AR WOULD NOT CHANGE THE RES ULT OF THE ORDER HENCE THERE IS NO NEED TO MAKE ANY CHANGE IN THE ORDER PA SSED BY THE TRIBUNAL. 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS OF THE PARTIES AND PERUSED THE ORDER PASSED BY THE TRIBUNAL DATED 03.08.2017 A ND ALSO THE ORDER OF THE LEARNED CIT(A). WHILE APPRECIATING THE FACT, WE HA VE NOTED THAT THE LAND WAS TAKEN ON A LONG TERM LEASE AS IS THE CASE OF TH E ASSESSEE. ON THE LEASEHOLD LAND THE ASSESSEE HAS INCURRED EXPENSES F OR CONSTRUCTION OF APPROACH BRIDGE, FOR LAYING THE PIPELINES TO THE BE NEFICIATING PLANT. HOWEVER, THE CORRECT FACT IS THAT THE LAND ON WHICH APPROACH BRIDGE AND ROADS ARE CONSTRUCTED IS UNDER THE OWNERSHIP OF SOU TH EASTERN COALFIELDS LTD. MA NO791 TO 795/MUM/2017 SPECTRUM COAL & POWER LTD 3 HENCE, WE MODIFY THE SENTENCE IN PARA 19 :- THE LAND WAS TAKEN ON A LONG TERM LEASE AS IS THE CASE OF THE ASSESSEE. ON THE LEASEHOLD LAND THE ASSESSEE HAS IN CURRED EXPENSES FOR CONSTRUCTION OF APPROACH BRIDGE, FOR L AYING THE PIPELINES TO THE BENEFICIATING PLANT BE SUBSTITUTED BY THE SENTENCE THE ROAD AND APPROACH BRIDGE HAVE BEEN CONSTRUCTED IS IN THE OWNERSHIP OF SOUTH EAST COALFIELDS LTD THUS, ORDER DATED 03.08.2018 IS MODIFIED TO THAT EX TENT. WE ORDER ACCORDINGLY. 5. IN THE RESULT, THE MISCELLANEOUS APPLICATIONS AR E ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 6 TH DAY OF APRIL, 2018. SD/- SD/- (SHAMIM YAHYA ) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI; DATED: 6 TH APRIL, 2018 SA COPY OF THE ORDER FORWARDED TO : 1. THE APPL IC ANT. 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI 4. THE CIT 5. DR, E BENCH, ITAT, MUMBAI BY ORDER, #TRUE COPY # ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL, MUMBAI