ROYAL STAR JEWELLERY P.LTD, v. ASST CIT CIR 8(3),

MA 333/MUM/2014 | 2008-2009
Pronouncement Date: 12-11-2014 | Result: Partly Allowed

Appeal Details

RSA Number 33319924 RSA 2014
Assessee PAN AADCR2371P
Bench Mumbai
Appeal Number MA 333/MUM/2014
Duration Of Justice 4 month(s) 5 day(s)
Appellant ROYAL STAR JEWELLERY P.LTD,
Respondent ASST CIT CIR 8(3),
Appeal Type Miscellaneous Application
Pronouncement Date 12-11-2014
Appeal Filed By Assessee
Order Result Partly Allowed
Bench Allotted K
Tribunal Order Date 12-11-2014
Assessment Year 2008-2009
Appeal Filed On 07-07-2014
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL K BENCH MUMBAI BEFORE SHRI I.P.BANSAL JM & SHRI R.C.SHARMA AM M A NO. 333 / MUM/20 1 4 (ARISING OUT OF ITA NO . 7065 /MUM/20 12 ) ( ASSESSMENT YEAR : 200 8 - 20 0 9 ) M/S ROYAL STAR JEWELLERY PRIVA TE LIMITED GEM AND JEWELLERY COMPLEX III G - 40 SEEPZ ANDHERI (EAST) MUMBAI - 400 096 VS. ACIT CIR - 8(3) MUMBAI PAN NO. : A A DCR 2371 P APP LICANT .. RESPONDENT ASSESSEE BY : SHRI M.SUBRAMANIAN REVENUE BY : SHRI N.PADMANABHAN DATE OF HEARING : 17 TH OCTO BER 201 4 DATE OF PRONOUNCEMENT : 12 TH NOVEMBER 201 4 O R D E R PER R.C.SHARMA AM : THIS MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS ARISING OUT OF THE ORDER OF THE TRIBUNAL PASSED IN ITA NO. 7065 /MUM/2012 DATED 17 - 7 - 2013 . 2 . IT WAS CONTENDED BY THE LEARNED AR THAT GROUND NO. 6 16 & 17 RAISED IN THE APPEAL HAVE NOT BEEN DEALT BY THE TRIBUNAL WHICH AMOUNTS TO MISTAKE APPARENT ON RECORD THEREFORE THE SAME SHOULD BE RECALLED FOR DECIDING AFRESH. 3 . WE HAVE CONSI DERED RIVAL CONTENTIONS AND GONE THROUGH THE MISCELLANEOUS APPLICATION AS WELL AS ORDER OF THE TRIBUNAL WHEREIN WE FOUND THAT TRIBUNAL IN PARA 9 HAS DEALT WITH THE ISSUE ARISING IN RESPECT OF MANUFACTURING SEGMENT. HOWEVER THE TRIBUNAL HAS OMITTED TO DEA L WITH THE GROUND NO.6 VIS - - VIS THE TRADING SEGMENT AS HAS BEEN DONE IN RESPECT OF MANUFACTURING SEGMENT IN PARA 8.5 AND 8.6 OF ITS ORDER DATED 17 - 7 - 2013. MA NO. 333 /20 1 4 2 4. SIMILARLY WE FOUND THAT THE TRIBUNAL HAS OMITTED TO DEAL WITH GROUND NO. 16 & 17 OF ASSESSEES APPEAL WHICH AMOUNTS TO MISTAKE APPARENT ON THE RECORD. ACCORDINGLY WE RECALL THE ORDER OF THE TRIBUNAL DATED 17 - 7 - 2013 TO A LIMITED EXTENT OF DECIDING GROUND NO.6 VIS - - VIS TRADING SEGMENT AS WELL AS GROUND NO.16 & 17 OF ASSESSEES APPEAL 5 . IN THE RESU LT THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS ALLOWED IN PART IN THE TERMS INDICATED HEREINABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 12/11/ 201 4 . SD/ - ( I.P.BANSAL ) SD/ - ( R.C. SHARMA ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 12/11 /2014 /PKM PS COPY OF THE ORDER FORWARDED TO : / BY ORDER ( ASSTT. REGISTRAR) / ITAT MUMBAI 1. / THE APPELLANT 2. / THE RESPONDENT. 3 . / THE CIT(A) MUMBAI. 4. / CIT 5. / DR ITAT MUMBAI 6. GUARD FILE. //TRUE COPY//