JST REALTY P. LTD, V. DCIT 10(1),

MA 8/MUM/2015

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 3274 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 27 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-07-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: J
• Assessment Year: 2007-2008
• Appeal Filed On: 12-01-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIVEK A PERMPURNA
• Assessee Lawyers: JIGNESH P SHAH
• Keywords: Business income

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL J BENCH, MUMBAI . , , BEFORE SHRI D. MANMOHAN, VP AND SHRI SANJAY ARORA , AM . / MA NO. 0 8/MUM/2015 (ARISING OUT OF ITA NO. 3974/MUM/2011 ) ( / ASSESSMENT YEAR S : 2007 - 08 ) JST REALTY PRIVATE LIMITED 6 TH FLOOR, HDIL TOWER, ANANT KANEKAR MARG, BANDRA (E), MUMBAI - 400 051 / VS. DY. CIT - 10(1) MUMBAI ./ ./ P AN/GIR NO. AACCD 0500 D ( APP LICANT ) : ( RESPONDENT ) APP LICANT BY : SHRI JIGNESH P. SHAH RESPONDENT BY : SHRI VIVEK A. PERMPURNA / DATE OF HEARING : 10.04.2015 / DATE OF PRONOUNCEMENT : 08 .07.2015 / O R D E R PER SANJAY ARORA, A. M.: THIS IS A MISCELLANEOUS PETITION BY THE ASSESSEE AGAINST THE ORDER U/S. 254 (1 ) OF THE INCOME TAX ACT, 1961 (THE ACT HEREINAFTER) BY THE TRIBUNAL DATED 10.09.2014 IN ITS CASE FOR ASSESSMENT YEAR (A.Y.) 2007 - 08 DECIDING T HE CAPTIONED APPEAL . 2. THE ASS ESSEE VIDE ITS INSTANT PETITION SEEK S RESTORATION OF THE APPEAL FOR DECIDING G ROUNDS # 6 AND 7 OF IT S G ROUNDS OF A PPEAL . THE SAME, IT IS ADMITTED , ARE ADDITIONAL GROUNDS, THOUGH INITIALLY FILED AS SUCH, I.E., AS ADDITION AL GROUNDS ON 27.11.2013, WERE 2 M A NO. 08/MUM/2015 (A.Y. 2007 - 08) JST REALTY PRIVATE LIMITED VS. DY. CIT SUBSEQUENTLY CLUBBED BY THE ASSESSEE AS CONCISE GROUNDS , AS THE ORIGINAL GROUNDS ASSUMED WERE DESCRIPTIVE AND, THUS, NOT IN ACCORDANCE WITH THE RULES. THE SAME PERTAIN TO THE DISALLOWANCE U/S.14A, WHILE THE FIRST FIVE GROUN DS ARE QUA BUSINESS INCOME AND DEDUCTION U/S.80 - IA(4). 3. WE HAVE HEARD THE PARTIES, AND PERUSED THE MATERIAL ON RECORD. A DMITTEDLY, THE RELEVANT GROUNDS , EVEN AS CONFIRMED BY THE BENCH WITH REFERENCE TO THE LO G BOOKS, WERE NOT ARGUED OR PRESSED BY THE A SSESSEE DURING HEARING. IN FACT, THE SAME BEING ADDITIONAL GROUNDS , WERE NOT REFLECTED AS SUCH IN THE REVISED (CONCISE) GROUNDS , AND WHICH W OULD REQUIRE BEING ADMITTED, UPON HEARING THE PARTIES THEREON THAT IS . SO, HOWEVER, THE SAME WITHOUT DOUBT STAND TO FORM PART OF FORM 36. IT WAS, ACCORDINGLY, ALSO INCUMBENT UPON THE TRIBUNAL TO EITHER ADMIT THE SAME OR NOT, AND DISPOSE THE SAME ON MERITS IN CASE OF THE FORMER. NO COURT OR TRIBUNAL COULD BY ITS ACTION OR NON - ACTION CAUSE PREJUDICE TO ANY PARTY BEFORE US . WE, ACCORDINGLY, ADMITTING THE ASSESSEES APPLICATION, DIRECT RESTORATION OF THE ASSESSEES APPEAL FOR CONSIDERATION OF THE ASSESSEES LAST TWO GROUNDS, I.E., G ROUNDS 6 & 7 (CONCISE), INCLUDING QUA ADMISSIBILITY THEREOF. WE DECIDE ACCORDINGLY. 4. IN TH E RESULT, THE ASSESSEES MISCELLANEOUS APPLICATION IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON JULY 08 , 201 5 SD/ - SD/ - ( D. MANMOHAN ) (S ANJAY ARORA) / VICE PRESIDENT / A CCOUNTANT MEMBER MUMBAI ; DATED : 08 . 0 7 .201 5 . . ./ ROSHANI , SR. PS 3 M A NO. 08/MUM/2015 (A.Y. 2007 - 08) JST REALTY PRIVATE LIMITED VS. DY. CIT / COPY OF THE ORDER FORWARDED TO : 1. / THE A PP LIC ANT 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