NEELKANTH REALTORS LIMITED,MUMBAI V. INCOME TAX OFFICER, WARD 3(2)(3), MUMBAI

MA 90/MUM/2026

AI Insights

This case involves Neelkanth Realtors Limited, the applicant, who filed a Miscellaneous Application against an order from the Income Tax Appellate Tribunal, Mumbai. The original dispute arose from an assessment year 2017-18, where the assessee contested the figures used by the AO. The Tribunal had previously remanded the case back to the AO due to factual inaccuracies pointed out by the assessee's counsel, noting the absence of findings from both the AO and the CIT(A). In the Miscellaneous Application, the assessee sought to challenge the remand, which the Tribunal dismissed, emphasizing that their jurisdiction under section 254(2) does not allow for a review of their own orders.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 848159 (ITAT-MUMBAI)
• Duration Of Justice: 1 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 27-03-2026
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Mumbai
• Assessment Year: 2017-2018
• Appeal Filed On: 23-02-2026
• Laws Referred To: Income Tax Act
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PRAVIN SALUNKHE
• Assessee Lawyers: PRATIK MEHTA

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI “SMC” BENCH : MUMBAI BEFORE JUSTICE (RETD.) SHRI C.V. BHADANG, PRESIDENT AND SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER M.A. No. 90/Mum/2026 (Arising out of ITA No. 5206/Mum/2025) Assessment Year : 2017-18 Neelkanth Realtors Limited, 508, Dalamal House, J.B. Marg, Nariman Point, Mumbai-400021. PAN : AAACA9796N vs. Income Tax Officer, Ward-3(2)(3), Maharshi Karve Road, New Marinelines, Mumbai-400020. (Applicant) (Respondent) For Assessee : Shri Pratik Mehta For Revenue : Shri Pravin Salunkhe, Sr.DR Date of Hearing : 27-03-2026 Date of Pronouncement : 27-03-2026 O R D E R PER VIKRAM SINGH YADAV, A.M : This is a Miscellaneous Application filed by the assessee against the order of the Co-ordinate Bench of the Tribunal in ITA No. 5206/Mum/2025, dt. 17-12-2025. 2. We have heard the Ld. Counsel for the assessee and the Ld.DR for the Revenue and perused the material available on record and find that in the order under consideration, after considering the entirety of facts and circumstances of the case, we have recorded a specific finding that considering factual inaccuracies so pointed out by the ld Counsel for the assessee and given the absence of findings of the AO as well as that of the Ld.CIT(A), it would be appropriate that the matter is remitted to Printed from counselvise.com 2 M.A. No. 90/Mum/2026 the file of the AO to thrash out the facts and to decide the matter afresh in accordance with law and the matter was accordingly set-aside to the file of the AO. 3. No doubt the Tribunal is the final fact finding authority, however, for the purposes, we would require assistance in terms of findings of the AO as well as that of the ld CIT(A). Especially in the instant case, where the Counsel for the assessee disputed the very figures taken by the AO, it is essential that the AO thrash out the correct facts and thereafter record his findings thereon and accordingly, the matter has been set- aside to the file of the AO. 4. We, therefore, find that there is no mistake apparent on face of the record. The prayers so made by the assessee in its Miscellaneous Application against the findings of the Bench where the matter has been remanded to the file of the AO will amount to review of our own order which is clearly beyond the limited scope of section 254(2) of the Act and hence, cannot be accepted. 5. In light of the same, the Miscellaneous Application so filed by the assessee is hereby dismissed. Order pronounced in the open court on 27-03-2026 Sd/- Sd/- (JUSTICE (RETD.) C.V. BHADANG) PRESIDENT (VIKRAM SINGH YADAV) ACCOUNTANT MEMBER Mumbai, Dated: 27-03-2026 TNMM Printed from counselvise.com 3 M.A. No. 90/Mum/2026 Copy to : 1. The Applicant 2. The Respondent 3. The Pr. CIT concerned 4. The D.R. ITAT, Mumbai 5. Guard File. //By Order// //True Copy // Dy./Asst. Registrar, ITAT, Mumbai Printed from counselvise.com "