VINOD D CHHEDA,GOREGAON (W) V. MUMBAI.ITO11.1.1, AAYAKAR BHAWAN

MA 203/MUM/2024

AI Insights

Vinod D Chheda filed Miscellaneous Applications seeking recall of the Tribunal's orders concerning disallowances of interest expenditure for the assessment years 2018-19 and 2020-21. The applications argued that certain grounds (Nos. 10 and 11) were not adjudicated and that the assessee's synopsis was not considered. The Tribunal, however, clarified that all grounds were considered holistically and that the procedural requirements as per CBDT Circular No. 20/2015 were met, thus dismissing the applications.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 471357 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-10-2024
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Next Hearing Date: 20-09-2024
• Assessment Year: misc
• Appeal Filed On: 12-08-2024
• Laws Referred To: CBDT Circular No. 20/2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: KRISHNA KUMAR
• Assessee Lawyers: SUZJI CHHEDA

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “F” MUMBAI BEFORE SHRI OM PRAKASH KANT (ACCOUNTANT MEMBER) AND SHRI RAHUL CHAUDHARY (JUDICIAL MEMBER) MA No. 204/MUM/2024 (Arising out of ITA No. 3683/MUM/2023) Assessment Year: 2018-19 & MA No.203/MUM/2024 (Arising out of ITA No. 3705/MUM/2023) Assessment Year: 2020-21 Vinod D Chheda, 148 Chandra Darshan, Jawahar Nagar Road, Goregaon (W), Mumbai-400062. Vs. Mumbai ITO 11.1.1, Aayakar Bhavan, Mumbai-400020. PAN NO. AANPC 3393 B Appellant Respondent Assessee by : Mr. Suzji Chheda, CA Revenue by : Mr. Krishna Kumar Date of Hearing : 20/09/2024 Date of pronouncement : 16/10/2024 ORDER PER OM PRAKASH KANT, AM By way of this Miscellaneous Application, the assessee is seeking recall of the order of the Tribunal dated 08.05.2024 passed in ITA No. 3683 & 3705/Mum/2023 for assessment year 2018-19 and 2020-21 respectively. 2. Before us, the Ld. counsel for the assessee submitted that ground Nos. 10 and 11 of the appeal have not been adjudicated and synopsis filed by the assessee has not been considered while passing orders for both the assessment years 2018-19 and 2020 has occurred in the order and ther might be recalled. 3. We have heard rival submission of the parties and perused the relevant material on record. As far as the prayer of the assessee that ground Nos. 10 and 11 2018-19 have not been considered by the Tribunal, w Tribunal in para 5 of the order has mentioned that in all the grounds single issue of disallowance of interest expenditure involved and therefore, all the grounds Since, the ground No. 10 and 11 the appeal pressed separately and therefore, appeal has been decided after considering all the grounds holistically. In ground No the assessee has challenged that no show cause notice was issued by the Assessing Officer prior to passing of the impugned assessment order, which 20/2015 dated 19.12.2015. In the said Circular, the CBDT has prescribed as under: “4 The Board further desires that in all cases under scrutiny, where the Assessing Officer proposes to make additions or disallowances, the assessee would be given a fair opportunity to explain his this regard, the Assessing Officer shall issue an appropria MA Nos. 204 & 203/MUM/2024 Before us, the Ld. counsel for the assessee submitted that . 10 and 11 of the appeal for assessment year 2018 have not been adjudicated and synopsis filed by the assessee has not been considered while passing orders for both the assessment 19 and 2020-21. Due to which certain factual mistake has occurred in the order and therefore, the order of the Tribunal We have heard rival submission of the parties and perused the relevant material on record. As far as the prayer of the assessee s. 10 and 11 of the appeal for assessment year een considered by the Tribunal, w Tribunal in para 5 of the order has mentioned that in all the grounds single issue of disallowance of interest expenditure involved and therefore, all the grounds were adjudicated together. he ground No. 10 and 11 the appeal were and therefore, appeal has been decided after considering all the grounds holistically. In ground No the assessee has challenged that no show cause notice was issued the Assessing Officer prior to passing of the impugned , which is in contravention to CBDT Circular No. 20/2015 dated 19.12.2015. In the said Circular, the CBDT has 4 The Board further desires that in all cases under scrutiny, where the Assessing Officer proposes to make additions or disallowances, the assessee would be given a fair opportunity to explain his this regard, the Assessing Officer shall issue an appropriate show-cause notice duly Vinod D Chheda. 2 MA Nos. 204 & 203/MUM/2024 Before us, the Ld. counsel for the assessee submitted that for assessment year 2018-19 have not been adjudicated and synopsis filed by the assessee has not been considered while passing orders for both the assessment 21. Due to which certain factual mistake efore, the order of the Tribunal We have heard rival submission of the parties and perused the relevant material on record. As far as the prayer of the assessee for assessment year een considered by the Tribunal, we find that the Tribunal in para 5 of the order has mentioned that in all the grounds single issue of disallowance of interest expenditure is adjudicated together. not specifically and therefore, appeal has been decided after considering all the grounds holistically. In ground Nos. 10 and 11, the assessee has challenged that no show cause notice was issued the Assessing Officer prior to passing of the impugned is in contravention to CBDT Circular No. 20/2015 dated 19.12.2015. In the said Circular, the CBDT has 4 The Board further desires that in all cases under scrutiny, where the Assessing Officer proposes to make additions or disallowances, the assessee would be given a fair opportunity to explain his this regard, cause notice duly indicating the reasons for the proposed additions/disallowances along with necessary evidences/reasons forming the basis of the same Before passing the final order against the proposed additions/disallowances, due consideration sn assessee in response to the show cause notice. 3.1 Thus it is evident that the CBDT has directed to give consideration to the submission before passing the final order against the additions/disallowance. Without finding that the Tribunal has considered all the grounds holistically even otherwise this irregularity cannot lead to quashing of the assessment order. This ground of the assessee is accordingly rejected. 3.2 Regarding the submission of assessee has not been considered, we find that all the oral arguments made by the assessee have been duly considered by the Tribunal. No such synopsis been filed before the registry order by the Tribunal. Therefore, this ground of the application for recalling of the appeal is accordingly dismissed. 4. In the result, both the Miscellaneous Applications of the assessee are dismissed. Order pronounced in the open Court on Sd/- (RAHUL CHAUDHARY JUDICIAL MEMBER Mumbai; Dated: 16/10/2024 MA Nos. 204 & 203/MUM/2024 indicating the reasons for the proposed additions/disallowances along with necessary evidences/reasons forming the basis of the same Before passing the final order against the proposed additions/disallowances, due consideration snail be given to the submissions made by the assessee in response to the show cause notice.” Thus it is evident that the CBDT has directed to give the submission before passing the final order against the additions/disallowance. Without prejudice to finding that the Tribunal has considered all the grounds holistically even otherwise this irregularity cannot lead to quashing of the assessment order. This ground of the assessee is accordingly Regarding the submission of the assessee that synopsis of the assessee has not been considered, we find that all the oral arguments made by the assessee have been duly considered by the Tribunal. No such synopsis, which is claimed by the been filed before the registry by the assessee before passing the order by the Tribunal. Therefore, this ground of the application for recalling of the appeal is accordingly dismissed. In the result, both the Miscellaneous Applications of the assessee are dismissed. ced in the open Court on 16/10/2024. Sd/ (RAHUL CHAUDHARY) (OM PRAKASH KANT JUDICIAL MEMBER ACCOUNTANT MEMBER Vinod D Chheda. 3 MA Nos. 204 & 203/MUM/2024 indicating the reasons for the proposed additions/disallowances along with necessary evidences/reasons forming the basis of the same Before passing the final order against the proposed additions/disallowances, ail be given to the submissions made by the Thus it is evident that the CBDT has directed to give the submission before passing the final order prejudice to our finding that the Tribunal has considered all the grounds holistically, even otherwise this irregularity cannot lead to quashing of the assessment order. This ground of the assessee is accordingly the assessee that synopsis of the assessee has not been considered, we find that all the oral arguments made by the assessee have been duly considered by the which is claimed by the assessee, had by the assessee before passing the order by the Tribunal. Therefore, this ground of the application for In the result, both the Miscellaneous Applications of the /2024. Sd/- OM PRAKASH KANT) ACCOUNTANT MEMBER Rahul Sharma, Sr. P.S. Copy of the Order forwarded to 1. The Appellant 2. The Respondent. 3. CIT 4. DR, ITAT, Mumbai 5. Guard file. //True Copy// MA Nos. 204 & 203/MUM/2024 Copy of the Order forwarded to : BY ORDER, (Assistant Registrar) ITAT, Mumbai Vinod D Chheda. 4 MA Nos. 204 & 203/MUM/2024 BY ORDER, (Assistant Registrar) ITAT, Mumbai "