DIASTAR JEWELLERY LTD, v. ACIT RG 8(1),

MA 19/MUM/2010 | 2003-2004
Pronouncement Date: 21-05-2010 | Result: Allowed

Appeal Details

RSA Number 1919924 RSA 2010
Assessee PAN AAACD1757C
Bench Mumbai
Appeal Number MA 19/MUM/2010
Duration Of Justice 4 month(s) 7 day(s)
Appellant DIASTAR JEWELLERY LTD,
Respondent ACIT RG 8(1),
Appeal Type Miscellaneous Application
Pronouncement Date 21-05-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted D
Tribunal Order Date 21-05-2010
Assessment Year 2003-2004
Appeal Filed On 13-01-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH: MUM BAI BEFORE D MANMOHAN VICE PRESIDENT AND SHRI B RAMAKOTAIAH ACCOUNTANT MEMBER MISCELLANEOUS APPLICATION NO 19/MUM/2010 ARISING OUT OF ITA NO 95/ MUM/2006 FOR AY 2000-01 DIASTAR JEWELLERY LTD PLOT NO.58 GEM & JEWELLERY COMPLEX SEEPZ ANDHERI (E) MUMBAI -400 096 PAN: AAACD 1757 C VS ACIT CIRCLE 8(1) ROOM NO.210 AAYAKAR BHAVAN M K ROAD MUMBAI-400 020 APPLICANT RESPONDENT APPLICANT BY: SHRI PRADIP KAPASI RESPONDENT BY: SHRI NAVIN GUPTA ORDER PER B RAMAKOTAIAH AM THIS MISCELLANEOUS APPLICATION (MA) WAS FILED FOR T HE ORDERS ARISING OUT OF ITA/95/MUM/06 AND ITA2666/MUM/2007 FOR ASSESSMENT Y EAR 2000-01 AND AY 2003-04 JOINTLY AND PAID FEES OF RS 50 ONLY. WHEN IT WAS POINTED OUT ON FIRST POSTING ON 19.3.2010 THE LEARNED COUNSEL WANTED TO RECTIFY THE APPLICATION AND ACCORDINGLY THE CASE WAS ADJOURNED TO 7.5.2010. HO WEVER IT IS SEEN THAT EVEN THOUGH THE ASSESSEE HAS FILED THE REVISED APPLICATI ON FOR AY 2003-04 NO SEPARATE FEES WAS PAID AND REGISTRY HAS NOT TAKEN THE SAME O N RECORD. HENCE THE APPLICATION IS CONSIDERED FOR ONLY AY 2000-01 IN IT A/95/MUM/06. 2. IN THIS MA THE ASSESSEE SEEKS TO POINT OUT THA T GROUND (D) STATED TO HAVE NOT BEEN PRESSED WAS ACTUALLY PRESSED AND ADJ UDICATION WAS REQUIRED ON THIS GROUND AS SIMILAR ISSUE IN OTHER YEARS HAS BEE N ALLOWED IN FAVOUR OF THE MA 19/M/2010 DIASTAR JEWELLERY LTD 2 ASSESSEE PARTICULARLY FOR AY 1999-2000 AND OTHER Y EARS CONSIDERED IN THE IN THE COMMON ORDER. THE ASSESSEE COUNSEL EXPLAINED HOW T HE MISTAKE COULD HAVE OCCURRED AS PART OF THE ISSUE IN THE COMMON GROUND WAS NOT REQUIRED TO BE ADJUDICATED AND OTHER GROUNDS STATED IN PARA 28 HAS NOT BEEN PRESSED. IT WAS HIS SUBMISSION THAT GROUND WAS REQUIRED TO BE ADJUD ICATED. THE LEARNED DEPARTMENTAL REPRESENTATIVE HOWEVER RELIED ON THE ORDERS OF THE ITAT AS HE HAS NOT REPRESENTED THE CASE AT THE TIME OF HEARING EARLIER. 3. WE HAVE SEEN THE RECORD. THE ASSESSEE HAS FILED VARIOUS CHARTS FOR EACH OF THE ASSESSMENT YEARS INVOLVED AND AGAINST GROUND NO .3 WHICH SPREAD OVER IN TWO PAGES IN THE CHART AND NOT PRESSED WAS ACTUAL LY MENTIONED AGAINST GROUND NO.3 BUT IT WAS WRONGLY NOTICED FOR GROUND NO.2(B) IN STATING AS NOT PRESSED. IT WAS ALSO NOTICED THAT SIMILAR ISSUE WAS ALSO CONSID ERED BY THE CIT (A) IN EARLIER YEARS AND GROUND WAS ALLOWED IN FAVOUR OF THE ASSES SEE. GROUNDS RAISED BY THE ASSESSEE IN AY 1999-2000 AND 2002-03 WAS ALLOWED BY THE CIT (A) IN HIS FAVOUR AND WAS CONFIRMED BY THE ITAT. THEREFORE THERE IS A MISTAKE IN THE ORDER TO THAT EXTENT IN STATING THAT THE SAME WAS NOT PRESSE D. THE GROUND REQUIRE ADJUDICATION. 4. THE GROUND 2(B) IS AS UNDER:- YOUR APPELLANT SUBMITS THAT THE INTEREST INCOME AND MISCELLANEOUS RECEIPTS WERE INCOME DERIVED FROM BUSINESS OF EXPOR TS. 5. IT WAS THE SUBMISSION IN THE CHART PROVIDED THAT CIT (A) HAS NOT ADJUDICATED EVEN THOUGH RAISED BEFORE HIM. ASSESSE E STATED THAT THE SIMILAR ISSUE WAS ALLOWED BY THE CIT (A) FOR AY 1999-2000 V IDE PARA 64 OF HIS ORDER. WE HAVE PERUSED THE RECORD AND FOUND THAT THIS GROU ND WAS NOT ADJUDICATED BY THE CIT (A). ACCORDINGLY WE ARE OF THE OPINION TH AT THE MATTER REQUIRE ADJUDICATION BY THE CIT (A). ACCORDINGLY TO THE E XTENT OF GROUND 2(B) INVOLVING MISCELLANEOUS INCOME OF RS 2 62 900/- IS RESTORED T O THE FILE OF THE CIT (A) FOR MA 19/M/2010 DIASTAR JEWELLERY LTD 3 CONSIDERING THE ASSESSEES OBJECTIONS AND ADJUDICAT E THE ISSUE AFRESH. ORDER TO THAT EXTENT IN PARA 28 STANDS MODIFIED. 6. IN THE RESULT THE MISCELLANEOUS APPLICATION FOR AY 2000-01 IS ALLOWED. ORDER PRONOUNCED ON 21 ST MAY 2010. SD/- SD/- ( D MANMOHAN ) VICE PRESIDENT ( B RAMAKOTAIAH ) ACCOUNTANT MEMBER MUMBAI DATE: 21 ST MAY 2010 COPY TO:- 1) THE APPLICANT. 2) THE RESPONDENT. 3) THE CIT (A) CENTRAL-VIII MUMBAI. 4) THE CIT CENTRAL-VIII MUMBAI. 5) THE D.R. D BENCH MUMBAI. BY ORDER / / TRUE COPY / / ASSTT. REGISTRAR I.T.A.T. MUMBAI CHAVAN* MA 19/M/2010 DIASTAR JEWELLERY LTD 4 SR.N. EPISODE OF AN ORDER DATE INITIALS CONCERNED 1 DRAFT DICTATED ON 7.5.2010 SR.PS 2 DRAFT PLACED BEFORE AUTHOR 10.5.2010 SR.PS 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/ AM 5 APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/PS 6 KEPT FOR PRONOUNCEMENT ON SR.PS/PS 7 FILE SENT TO THE BENCH CLERK SR.PS/PS 8 DATE ON WHICH FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER