DEPUTY COMMISSIONER OF INCOME TAX 3(3)(2), MUMBAI V. VIDEOCON INDUSTRIES LIMITED , MUMBAI

MA 912/MUM/2017

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 9331 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 26 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 24-06-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: K
• Assessment Year: 2012-2013
• Appeal Filed On: 29-12-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: MAYANK CHAUHAN
• Keywords: Rule 8D
• Section: 14A; 115JB

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL ' J ' BENCH, MUMBAI BEFORE SHRI SANDEEP GOSAIN , JUDICIAL MEMBER AND SHRI G. MANJUNATHA , ACCOUNTANT MEMBER M A NO. 912 /MUM/ 2017 (ARISING OUT OF ITA NO. 149/MUM/2017 (ASSESSMENT YEAR: 2012 - 13 ) D C I T - 3(3)(2) ROOM NO. 609, 6TH FLOOR AAYAKAR BHAVAN, M.K. ROAD MUMBAI 400020 VS. M/S. VIDEOCON INDUSTRIES LTD. 171 - C, MITTAL COURT NARIMAN POINT MUMBAI 40001 PAN AABCV4012H APPLICANT RESPONDENT APPLICANT BY: SHRI MANOJ KUMAR SINGH RESPONDENT BY: SHRI MAYANK CHAUHAN DATE OF HEARING: 07 .06.2019 DATE OF PRONOUNCEMENT: 24 . 06.2019 O R D E R SANDEEP GOSAIN , JM THE PRESENT MISCELLANEOUS APPLICATION HAS BEEN FILED BY REVENUE ON THE GROUND THAT THE APPEAL OF THE ASSESSEE WAS ALLOWED ON THE ISSUE OF ADDITION ON ACCOUN T OF DISALLOWANCE UNDER SECTION 14A OF THE INCOME TAX ACT, 1961 (HEREINAFTER 'THE ACT') MADE TO THE BOOK PROFIT UNDER SECTION 115JB OF THE ACT BY RELYING ON ITS EARLIER ORDER DATED 24.02.2017 IN ASSESSEES OWN CASE FOR A.Y. 2011 - 12. 2. IT WAS SUBMITTED BY THE LEARNED D.R. THAT AT THE TIME OF PASSING THE ORDER DATED 26.07.2017 THE TRIBUNAL HAD NOT RELIED UPON ANY SPECIFIC DECISION AND ONLY RELIED UPON THE EARLIER ORDER OF THE COORDINATE BENCH OF THE TRIBUNAL AND SINCE ITAT IS SILENT ON TH IS ISSUE IT NEEDS RECONSIDERATION. IT WAS ALSO SUBMITTED THAT SIMILAR SORT OF MISCELLANEOUS APPLICATION HAS ALSO BEEN FILED BEFORE THE COORDINATE BENCH OF ITAT FOR A.Y. 2011 - 12. ITA NO. 912 /MUM/ 2017 D C I T - 3(3)(2) / M/S. VIDEOCON INDUSTRIES LTD. 2 3. ON THE OTHER HAND, THE LEARNED A.R. SUBMITTED THAT THE MISCELLANEOUS APPLICATION MOVED BY THE DEPARTMENT AGAINST THE ORDER PASSED BY THE COORDINATE BENCH OF ITAT IN ITA NO. 1310/MUM/2016 HAS ALREADY BEEN DISMISSED VIDE ORDER DATED 07.05.2018, A COPY OF THE SAME IS PLACED ON RECORD. 4. AFTER PERUSING A COPY OF THE ORDER OF THE COORDINATE BENCH WHILE DISMISSING THE MISCELLANEOUS APPLICATION WE ARE OF THE VIEW THAT IN THE PRESENT CASE THE TRIBUNAL HAD DEALT WITH THE ISSUE AND HAD RELIED UPON THE DECISION OF THE COORDINATE BENCH OF THE ITAT WHILE MAKING DISALLOWANCE UNDER SECTION 1 4A R.W. RULE 8D OF I.T. RULES. MORE SO THE LEARNED D.R. HAS FAILED TO POINT OUT ANY APPARENT MISTAKE IN THE ORDER PASSED BY THE TRIBUNAL. THUS IN THIS CIRCUMSTANCES THE LEARNED D.R. HAS FAILED TO POINT OUT ANY APPARENT MISTAKE IN THE ORDER DATED 26.07.2017 PASSED BY THE TRIBUNAL. 5. IN THE RESULT, THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 24 TH JUNE, 2019 . SD/ - SD/ - ( G. MANJUNATHA ) ( SANDEEP GOSAIN ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED: 24 TH JUNE, 2019 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) - CONCERNED 4. THE CIT - CONCERNED 5. THE DR, J BENCH, ITAT, MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI N.P