ASSISTANT COMMISSIONER OF INCOME TAX 1 (2) (1), MUMBAI V. ICICI SECURITIES PRIMARY DEALERSHIP LTD ( FORMERLY KONW AS ICICI SECURITIES LTD ), MUMBAI

MA 892/MUM/2017

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6630 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-05-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: J
• Assessment Year: 2006-2007
• Appeal Filed On: 19-12-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V JANARDHANAN
• Assessee Lawyers: KRUPA R GANDHI; VIDHI DOSHI
• Section: 154

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL 'J' BENCH, MUMBAI BEFORE SHRI R.C. SHARMA, ACCOUNTANT MEMBER AND SHRI SANDEEP GOSAIN, JUDICIAL MEMBER MA NOS. 892 TO 894/MUM/2017 (ARISING OUT OF ITA NOS. 3285 & 3298/MUM/2009 & 777 5/MUM/2010) (ASSESSMENT YEAR: 2006-07) A C I T 1(2)(1) ROOM NO. 535, 5 TH FLOOR AAYAKAR BHAVAN, M.K. ROAD MUMBAI 400020 VS. M/S. ICICI SECURITIES PRIMARY DEALERSHIP LTD. (FORMERLY ICICI SECURITIES LTD.) ICICI CENTRE, H.T. PAREKH MARG CHURCHGATE, MUMBAI 400020 PAN AA A C I0995H APPELLANT RESPONDENT APPELLANT BY: SHRI V. JANARDHANAN RESPONDENT BY: MS. KRUPA R. GANDHI & MS. VIDHI DOSHI DATE OF HEARING: 04.05.2018 DATE OF PRONOUNCEMENT: 07.05.2018 O R D E R PER R.C. SHARMA, AM THESE MISCELLANEOUS APPLICATIONS ARISE OUT OF THE O RDER OF THE TRIBUNAL DATED 20 TH JUNE, 2017, IN RESPECT OF ITA NOS. 3285 & 3298?MUM/2009 AND 7775/MUM/2010, 2. THROUGH THESE MISCELLANEOUS APPLICATIONS IT WAS CON TENDED BY THE LEARNED D.R. THAT IN PAGE NO.2 PARA 6 OF THE ORDER, THE TRIBUNAL HAS STATED THAT THE CIT(A) CONFIRMED ONLY ` 3,85,35,103/- UNDER SECTION 36(1)(III) OF THE ACT. HOWEVER, THE LEARNED CIT(A) HAS ACTUALLY C ONFIRMED THE ENTIRE ADDITION MADE BY THE AO AMOUNTING TO ` 6,87,83,942/-. AS PER THE LEARNED D.R. THE ABOVE AMOUNT HAS BEEN INADVERTENTLY STATED THROUGH TYPOGRAPHICAL ERROR AT TRIBUNAL END. 3. ON THE OTHER HAND, THE LEARNED A.R. PLACED ON RECOR D THE ORDER PASSED BY AO UNDER SECTION 154 OF THE INCOME TAX AC T (HEREINAFTER THE MA NOS. 892 TO 894/MUM/2017 ICICI SECURITEIS PRIMARY DEALERSHIP LTD. 2 ACT) DATED 05.02.2009, ACCORDING TO WHICH THE CORR ECT AMOUNT OF DISALLOWANCE WORKS OUT TO ` 3,85,35,103/-. ACCORDINGLY IT WAS CONTENDED THAT THERE IS NO TYPOGRAPHICAL MISTAKE IN THE AMOUN T SO MENTIONED. 4. WE HAVE GONE THROUGH THE MISCELLANEOUS APPLICATIONS AS WELL AS THE ORDER PASSED BY THE TRIBUNAL DATED 20.06.2017. WE H AVE ALSO GONE THROUGH THE ORDER OF THE AO UNDER SECTION 154 OF TH E ACT DATED 05.02.2009 AND FIND THAT THE CORRECT SUM OF ` 3,85,35,103/- IS CONSIDERED BY THE TRIBUNAL IN ITS ORDER AND THERE IS NO MISTAKE IN TH E ORDER PASSED BY THE TRIBUNAL. 5. IN THE RESULT, THE MISCELLANEOUS APPLICATIONS FILED BY REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 7 TH MAY, 2018. SD/ - SD/ - (SANDEEP GOSAIN) (R.C. SHARMA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 7 TH MAY, 2018 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) -III, MUMBAI 4. THE CIT-3, MUMBAI 5. THE DR, J BENCH, ITAT, MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI N.P.