DEPUTY COMMISSIONER OF INCOME TAX 10 (2) (1), MUMBAI V. LEXI PRIVATE LIMITED , MUMBAI

MA 811/MUM/2017

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 7089 (ITAT-MUMBAI)
• Duration Of Justice: 9 month(s) 13 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 10-08-2018
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 27-10-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NISHANT SAMAIYADR
• Assessee Lawyers: JAYESH DESAI

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES A, MUMBAI , , , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER MA NO.811/MUM/2017 (ARISING OUT OF ITA NO.6162/MUM /2014) ASSESSMENT YEAR-2011-12 DCIT-8(2), R. NO.209, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI-400020 / VS. M/S LEXI PVT. LTD. B-33, 6 TH FLOOR, LEXI CENTRE, OFF. NEW LINK ROAD, ANDERI (WEST), MUMBAI-400053 PAN NO. AAACL7243D ( / REVENUE) ( / ASSESSEE) #$ / REVENUE BY SHRI NISHANT SAMAIYA-DR #$ / ASSESSEE BY SHRI JAYESH DES AI / DATE OF HEARING : 10/08/2018 / DATE OF ORDER: 10/08/2018 M.A. NO.811/MUM/2017 (ARISING OUT OF ITA NO.6162/MUM/2014) M/S LEXI PVT. LTD. 2 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) BY THIS MISCELLANEOUS APPLICATION UNDER SECTION 254(2) OF THE INCOME TAX ACT, 1961 (HEREINAFTER THE ACT), THE REVENUE HAS POINTED OUT THAT AN INADVERTENT MIS TAKE HAS CREPT INTO THE ORDER AS THE MACHINERY TRANSFER WAS LESS THAN 20% WHEREAS IN THE ORDER OF THE TRIBUNAL, IT HAS BEEN MENTIONED AS MORE THAN 20% OF THE PLANT AND MACHINERY PREVIOUSLY USED BY THE ASSESSEE IN ITS INDUSTRIAL PREMISES AT BOMBAY. 2. DURING HEARING, THE LD. DR, SHRI NISHANT SAMAIYA, POINTED OUT THAT THE WORD MORE THAN 20% MAY BE READ AS LESS THAN 20%. MR. JAYESH DESAI, LD. C OUNSEL FOR THE ASSESSEE, CONSENTED THAT IT MAY BE READ AS LESS THAN 20%. 2.1. WE HAVE PERUSED THE ORDER AND FIND THAT THE NEW INDUSTRIAL UNDERTAKING WAS FORMED AT DAMAN BY TRANSFERRING LESS THAN 20% OF THE PLANT AND MACHINE RY PREVIOUSLY USED BY THE ASSESSEE IN ITS INDUSTRIAL P REMISES AT BOMBAY, THEREFORE, THE WORD USED MORE THAN 20% M.A. NO.811/MUM/2017 (ARISING OUT OF ITA NO.6162/MUM/2014) M/S LEXI PVT. LTD. 3 MAY BE READ AS LESS THAN 20% . THUS, TO THIS EXTENT, RECTIFICATION IS MADE IN THE ORDER OF THE TRIBUNAL. THE REMAINING PORTION OF THE ORDER WILL REMAIN THE SAME . FINALLY, THE MISCELLANEOUS APPLICATION OF THE REVEN UE IS ALLOWED. THIS ORDER WAS PRONOUNCED IN THE OPEN IN THE PRESENCE OF LD. REPRESENTATIVES FROM BOTH SIDES AT THE CONCLUSION OF HEARING ON 10/08/2018. SD/- SD/ - (SHAMIM YAHYA) (JOGINDER SINGH) / ACCOUNTANT MEMBER & / JUDICIAL MEMBER MUMBAI; DATED : 10/08/2018 F{X~{T? P.S/. .. #'&()*+*,( / COPY OF THE ORDER FORWARDED TO : 1. ! / THE APPELLANT (RESPECTIVE ASSESSEE) 2. '#$ ! / THE RESPONDENT. 3. %$ %$ & ( ) / THE CIT, MUMBAI. 4. %$ %$ & / CIT(A)- , MUMBAI, 5. )*+$ ' , , %$ $ , . , / DR, ITAT, MUMBAI 6. +/ 0 / GUARD FILE. / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI