THE WEST COAST PAPER MILLS LTD, v. ADDL CIT RG 1(3),

MA 321/MUM/2014 | 2002-2003
Pronouncement Date: 07-11-2014 | Result: Allowed

Appeal Details

RSA Number 32119924 RSA 2014
Assessee PAN AAACT4179N
Bench Mumbai
Appeal Number MA 321/MUM/2014
Duration Of Justice 4 month(s) 6 day(s)
Appellant THE WEST COAST PAPER MILLS LTD,
Respondent ADDL CIT RG 1(3),
Appeal Type Miscellaneous Application
Pronouncement Date 07-11-2014
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted G
Tribunal Order Date 07-11-2014
Assessment Year 2002-2003
Appeal Filed On 01-07-2014
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH G MUMBAI BEFORE SHRI N. K. BILLAIYA ACCOUNTANT MEMBER AND SHRI AMIT SHUKLA JUDICIAL MEMBER MA NOS. 321 322 323 324 & 325 /MUM/2014 (ARISING OUT OF ITA NOS. 3802/MUM/2006 5269/MUM/2008 5270/MUM/2008 5271/MUM/2008 & 5709/MUM/2008 ASSESSMENT YEARS: 2003-04 2003-04 2004-05 2005-06 M/S. THE WEST COAST PAPER MILLS LTD. SHREENIWAS HOUSE HAZARIMAL SOMANI MARG FORT MUMBAI- 400 001 PAN: AAACT 4179 N VS. ACIT RANGE - 1(3) AAYAKAR BHAVAN MUMBAI (APPELLANT) (RESPON DENT) ASSESSEE BY : SHRI VIJAY MEHTA REVENUE BY : SHRI M. PADMANABAN DATE OF HEARING : 07.11.2014 DATE OF PRONOUNCEMENT : 07 . 1 1 .2014 O R D E R PER AMIT SHUKLA : IN THE AFORESAID MATTERS THE ASSESSEE HAS FILED M ISCELLANEOUS APPLICATION U/S 254(2) SEEKING RECTIFICATION OF MIS TAKES WHICH ARE MORE IN THE NATURE OF TYPOGRAPHICAL MISTAKES WHICH HAD CREPT IN THE ORDER DATED 30.05.2014 WHICH WAS A CONSOLIDATED ORDER FOR VARIOUS ASSESSMENT YEARS. MA NOS. 321 322 323 324 & 325 /MUM/2014 (ARISING OUT OF ITA NOS. 3802/MUM/2006 5269/MUM/2008 5270/MUM/2008 5271/MUM/2008 & 5709/MUM/2008 M/S. THE WEST COAST PAPER MILLS LTD. ASSESSMENT YEARS: 2003-04 2003-04 2004-05 2005-06 2 2. AFTER HEARING BOTH THE PARTIES AND ON PERUSAL OF RECTIFICATION APPLICATION WE FIND THAT CERTAIN MISTAKES HAVE CRE PT IN WHICH ARE BEING RECTIFIED AS UNDER:- 3. IN M.A.NO. 321/MUM/2014 ARISING OUT OF ITA NO. 3802/MUM/2006 FOR THE A.Y. 2002-03 IT HAS BEEN POI NTED OUT BY THE LEARNED COUNSEL THAT WITH REGARD TO THE CLAIM OF D EDUCTION U/S 80IA FOR OF UNIT VIA RELATING TO CHEMICAL RECOVERY BOILER U NIT THE CLAIM FOR DEDUCTION BY THE ASSESSEE WAS RS.8 64 06 154/-. IN THE TRIBUNAL ORDER IT APPEARS THAT FIGURE OF DEDUCTION HAS BEEN MENTIO NED AT RS.17 16 91 098/- WHEREAS THE ACTUAL FIGURE SHOULD BE RS.8 64 06 154/- .THUS THE FIGURE OF THE CLAIM SHOULD BE CONNECTED. ON A PERUSAL OF RECORDS WE HOLD THAT THE CORRECT FIGURE OF DEDUCTI ON SHOULD BE RS.8 64 06 154/- U/S 80IA IN RESPECT OF CHEMICAL RE COVERY BOILER UNIT BEING THE UNIT NO. VI-A WHICH SHOULD BE ALLOWED. L IKEWISE THE CLAIM OF DEDUCTION U/S 80IA WITH RESPECT TO UNIT NO. VI-A IN THE OTHER ASSESSMENT YEARS WOULD BE AS UNDER:- THE AFORESAID CORRECTION SHOULD BE READ IN THE ORDE R. 3. THE NEXT MISTAKE WHICH HAS BEEN POINTED OUT IS THAT IN PARA NO. 76 AND 78 THE TRIBUNAL HAS REFERRED TO SECTION 115JA INSTEAD OF SECTION 115JB. AFTER VERIFYING THE ASSESSMENT ORDER AND THE FIRST APPELLATE ORDER WE FIND THAT THE ISSUE RELATED TO COMPUTATION OF BOOK ASST YEAR AMOUNT (RS.) 2003-04 17 79 41 186 2004-05 20 16 00 637 2005-05 31 39 95 024 MA NOS. 321 322 323 324 & 325 /MUM/2014 (ARISING OUT OF ITA NOS. 3802/MUM/2006 5269/MUM/2008 5270/MUM/2008 5271/MUM/2008 & 5709/MUM/2008 M/S. THE WEST COAST PAPER MILLS LTD. ASSESSMENT YEARS: 2003-04 2003-04 2004-05 2005-06 3 PROFIT U/S 115JB AND NOT 115JA. THUS SECTION 115JA SHOULD BE READ AS 115JB IN PARA 76 AND PARA 78 OF THE ORDER. 4. IN MA NO. 322/MUM/2014 ARISING OUT OF ITA NO. 5269/MUM/2008 FOR THE A.Y. 2003-04 IT HAS BEEN POI NTED OUT THAT THE TRIBUNAL WHILE DISPOSING OFF GROUND NO. 10 11 AND 12 HAS WRONGLY ALLOWED THE GROUND WHICH INSTEAD SHOULD HAVE BEEN DISMISSED AS INFRUCTUOUS BECAUSE IT PERTAINED TO ALTERNATIVE CL AIM OF DEDUCTION U/S 80JJA IN RESPECT OF CHEMICAL RECOVERY BOILER WHICH GROUND HAS BECOME ACADEMIC AS ALREADY THE CLAIM U/S 80IA IN RESPECT O F SAME UNIT WAS ALLOWED. 5. ACCORDINGLY WE HOLD THAT GROUND NO. 10 11 AND 1 2 IN ITA NO. 5269/MUM/2008 SHOULD BE READ AS DISMISSED BEING I NFRUCTUOUS. SUCH A RECTIFICATION SHOULD BE CARRIED OUT IN PARA NO. 1 10 OF THE ORDER. 6. IN MA NO. 323/MUM/2014 ARISING OUT OF ITA NO. 5270/MUM/2008 FOR THE A.Y. 2004-05 IT HAS BEEN POI NTED OUT THAT WHILE DISPOSING OFF GROUND NO. 10 11 AND 12 THE TRIBUNAL HAS ALLOWED THE SAID GROUND INSTEAD SHOULD HAVE BEEN DISMISSED AS INFRU CTUOUS. 7. ACCORDINGLY WE HOLD THAT GROUND NO. 10 11 AND 1 2 IN ITA NO. 5270/MUM/2008 SHOULD BE TREATED AS DISMISSED AS I NFRUCTUOUS AND RECTIFICATION SHOULD BE CARRIED OUT IN PARA NO. 159 OF THE ORDER. 8. IN MA NO. 324/MUM/2014 ARISING OUT OF ITA NO. 5271/MUM/2008 FOR THE A.Y. 2005-06 IT HAS BEEN POI NTED OUT THAT WHILE DISPOSING OFF GROUND NO. 4 7 8 AND 9 TRIBUN AL HAS ALLOWED THE GROUND WHICH INSTEAD SHOULD HAVE BEEN DISMISSED AS INFRUCTUOUS AS THESE GROUNDS WERE PURELY ALTERNATIVE CLAIM WHICH H AD BEEN RENDERED MA NOS. 321 322 323 324 & 325 /MUM/2014 (ARISING OUT OF ITA NOS. 3802/MUM/2006 5269/MUM/2008 5270/MUM/2008 5271/MUM/2008 & 5709/MUM/2008 M/S. THE WEST COAST PAPER MILLS LTD. ASSESSMENT YEARS: 2003-04 2003-04 2004-05 2005-06 4 ACADEMIC IN VIEW OF THE FACT THAT CLAIM OF DEDUCTIO N U/S 80IA WAS ALLOWED. 9. ACCORDINGLY WE HOLD THAT GROUND NO. 4 7 8 AN D 9 SHOULD BE TREATED AS DISMISSED AS INFRUCTOUS AND NECESSARY RECTIFICATION SHOULD BE MADE IN PARA NO. 200 AND 204. 10. IN MA NO. 325/MUM/2014 ARISING OUT OF ITA NO . 5709/MUM/2008 FOR THE A.Y.2005-06 IT HAS BEEN POINTED BY THE LEA RNED COUNSEL THAT THE TRIBUNAL WHILE DISPOSING OFF THE DEPARTMENTAL APPE AL BEING GROUND NO. 4 4.1 AND 4.2 HAS ALLOWED THE GROUND IN THE LAST S ENTENCE WHICH INSTEAD SHOULD HAVE BEEN DISMISSED BECAUSE THE ISS UE OF DISALLOWANCE OF INTEREST U/S 14A WAS ALLOWED IN THE FAVOUR OF TH E ASSESSEE IN THE SAID PARA ITSELF. THAT IS IT WAS DECIDED AGAINST THE DE PARTMENT. 11. ON VERIFICATION WE FIND THAT THE ISSUE OF DISA LLOWANCE U/S 14A WAS RAISED BY THE DEPARTMENT IN GROUND NO. 4 4.1 A ND 4.2 WHICH WAS DECIDED AGAINST THE DEPARTMENT AND IN FAVOUR OF THE ASSESSEE AND THEREFORE GROUND NO. 4 4.1 AND 4.2 SHOULD HAVE BE EN DISMISSED AND ACCORDINGLY IN PARA NO. 221 THE GROUND NO. 4 4.1 A ND 4.2 SHOULD BE READ AS DISMISSED. 13. THUS THE MISCELLANEOUS APPLICATIONS FILED BY TH E ASSESSEE IS TREATED AS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 7 TH DAY OF NOVEMBER 2014. SD/- SD/- (N.K. BILLAIYA) (AMIT SHUKLA) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI DATED: 07.11.2014 *SRIVASTAVA MA NOS. 321 322 323 324 & 325 /MUM/2014 (ARISING OUT OF ITA NOS. 3802/MUM/2006 5269/MUM/2008 5270/MUM/2008 5271/MUM/2008 & 5709/MUM/2008 M/S. THE WEST COAST PAPER MILLS LTD. ASSESSMENT YEARS: 2003-04 2003-04 2004-05 2005-06 5 COPY TO: THE APPELLANT THE RESPONDENT THE CIT CONCERNED MUMBAI THE CIT(A) CONCERNED MUMBAI THE DR C BENCH //TRUE COPY// BY ORDER DY/ASSTT. REGISTRAR ITAT MUMBAI.