3DI SYSTEM INDIA P.LTD, V. ITO 10(3)(4),

MA 97/MUM/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2121 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-07-2014
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 18-07-2014
• Assessment Year: 2009-2010
• Appeal Filed On: 28-02-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: MANISH J SHETH
• Keywords: Depreciation
• Section: 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH E, MUMBAI BEFORE SHRI R.C SHARMA, ACCOUNTANT MEMBER AND DR. S.T.M. PAVALAN, JUDICIAL MEMBER M.A. NO. 97/MUM/2014 (ARISING OUT OF ITA NO. 1746/MUM/2012) ASSESSMENT YEAR: 2009-10 PERMANENT ACCOUNT NO. :- AAACZ 1972 H ASSESSEE BY : SHRI MANISH J. SHETH REVENUE BY : SHRI MAURYA PRATAP DATE OF HEARING : 18.07.2014 DATE OF PRONOUNCEMENT : 18.07.2014 O R D E R PER DR. S.T.M. PAVALAN, JM: BY MEANS OF THE PRESENT MISCELLANEOUS APPLICATION, ASSESSEE SEEKS TO GET RECALLED THE ORDER OF THE TRIBUNAL DATED 24.01.2014 PASSED IN ITA NO. 1746/MUM/2012 FOR THE A.Y. 2009-10, ON THE PLEA THA T THE TRIBUNAL PRONOUNCED THE ORDER IN THE OPEN COURT IN THE PRESENCE OF THE LD.A R OF THE ASSESSEE AND LD.DR. ACCORDING TO THELD.AR, THE WRITTEN ORDER RECEIVED B Y THE ASSESSEE DIFFERS FROM THE ORDER PRONOUNCED IN THE OPEN COURT. IT IS THE CONTE NTION OF THE LD.AR THAT AS PER THE ORDER PRONOUNCED IN THE OPEN COURT, THE TRIBUNAL HA D DELETED THE ADDITION MADE BY THE AO U/S 41(1) OF RS.1,48,43,395/- AND DISALLOWED THE CLAIM OF RS.21,43,010/- ON ACCOUNT OF DEPRECIATION ON ITS OWN. WHEN THE TRIBUN AL CAME TO THE SAID CONCLUSION, THE AR WAS ASKED IS IT OKAY IF DEPRECIATION IS DISA LLOWED BUT MAIN ADDITION IS DELETED. ACCORDING TO THE LD. AR, HE HAS AGREED TO THE PROPO SAL OF THE TRIBUNAL AND HENCE THE CASE HAS NOT BEEN FURTHER ARGUED DURING THE APP EAL PROCEEDINGS. HOWEVER, ON M/S. 3DI SYSTEMS INDIA PVT. LTD. 409, BLDG NO. 2 SECTOR-1, MILLENNIUM BUSINESS PARK, MAHAPE, NAVI MUMBAI 400 071 VS. ITO 10(3)(4) MUMBAI (APPELLANT) (RESPONDENT) M.A. NO. 97/MUM/2014 ARISING OUT OF ITA NO. 1746/MUM/2012 M/S. 3DI SYSTEMS INDIA PVT. LTD. ASSESSMENT YEAR: 2009-10 2 ACTUAL RECEIPT OF THE ORDER FROM THE TRIBUNAL IT HA S BEEN MENTIONED THAT THE ADDITION MADE BY THE AO U/S 41(1) OF RS.1,48,43,395/- IS TO BE SUSTAINED AND ADDITION ON DEPRECIATION OF RS.21,43,010/- IS TO BE DELETED. ON THE OTHER HAND, THE LD.DR STRONGLY OPPOSED THE MOVE OF THE ASSESSEE AND PLEAD ED THAT SINCE EACH AND EVERY ASPECT OF THE MATTER HAS BEEN CONSIDERED THAT THE T RIBUNAL WHILE DECIDING THE APPEAL, THE APPLICATION OF THE ASSESSEE IS TO BE DI SMISSED. 2. HAVING HEARD BOTH THE SIDES AND PERUSED THE MATE RIAL ON RECORD, IT IS PERTINENT TO MENTION THAT THE PERUSAL OF IMPUGNED O RDER OF THE TRIBUNAL DATED 24.01.2014 INDICATES THAT THE SAID ORDER HAS BEEN P RONOUNCED IN THE OPEN COURT ON 24.01.2014 AS AGAINST THE CONTENTION OF THE ASSESSE E THAT THE ORDER HAS BEEN PRONOUNCED IN THE OPEN COURT ON THE DATE OF HEARING I.E. 13.01.2014. IT IS ALSO PERTINENT TO MENTION THAT THE LD.AR HAS NOT BEEN IN A POSITION TO POINT OUT ANY MISTAKE IN THE IMPUGNED ORDER OF THE TRIBUNAL. MORE OVER, EVEN IF WE ASSUME THAT THE REASONS CITED BY THE LD.AR IS CORRECT, SUCH CON TENTION FOR SEEKING THE RECALL OF THE ORDER IS BEYOND THE SCOPE OF SECTION 254(2) OF THE ACT AND THEREFORE THE PLEA OF THE ASSESSEE FOR RECALLING THE ORDER OF THE TRIBUNA L DATED 24.01.2014 IS REJECTED. RESULTANTLY, THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON THIS 18 TH DAY OF JULY, 2014. SD/- SD/- (R.C. SHARMA) (DR. S.T.M. PAVALAN) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED: 18.07.2014. *SRIVASTAVA COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT(A) CONCERNED, MUMBAI THE DR E BENCH //TRUE COPY// BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.