M/s NINA CONCRETE SYSTEMS P. LTD, MUMBAI v. DCIT 5(2)(1), MUMBAI

MA 34/MUM/2021 | 2012-13
Pronouncement Date: 05-03-2021 | Result: Allowed

Appeal Details

RSA Number 3419924 RSA 2021
Bench Mumbai
Appeal Number MA 34/MUM/2021
Appellant M/s NINA CONCRETE SYSTEMS P. LTD, MUMBAI
Respondent DCIT 5(2)(1), MUMBAI
Appeal Type Miscellaneous Application
Pronouncement Date 05-03-2021
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted B
Tribunal Order Date 05-03-2021
Last Hearing Date 05-03-2021
First Hearing Date 05-03-2021
Assessment Year 2012-13
Appeal Filed On 12-02-2021
Judgment Text
1 IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH MUMBAI BEFORE HONBLE SHRI MAHAVIR SINGH VP AND HONBLE SHRI MANOJ KUMAR AGGARWAL AM (HEARING THROUGH VIDEO CONFERENCING MODE) 1. M.A. NO.34/MUM/2021 (ARISINGOUTOF I.T.A. NO.3375/MUM/2019) ( / ASSESSMENT YEAR : 2012-13 ) 2. M.A. NO.35/MUM/2021 (ARISING OUT OF I.T.A. NO.3376/MUM/2019) ( / ASSESSMENT YEAR : 2011-12 ) 3. M.A. NO.36/MUM/2021 (ARISING OUT OF I.T.A. NO.3377/MUM/2019) ( / ASSESSMENT YEAR : 2010-11) 4. M.A. NO.37/MUM/2021 (ARISING OUT OF I.T.A. NO.3384/MUM/2019) ( / ASSESSMENT YEAR : 2014-15) 5. M.A. NO.38/MUM/2021 (ARISING OUT OF I.T.A. NO.3386/MUM/2019) ( / ASSESSMENT YEAR : 2013-14) 6. M.A. NO.39/MUM/2021 (ARISING OUT OF I.T.A. NO.3387/MUM/2019) ( / ASSESSMENT YEAR : 2008-09) 7. M.A. NO.40/MUM/2021 (ARISING OUT OF I.T.A. NO.3388/MUM/2019) ( / ASSESSMENT YEAR : 2009-10) M/S. NINA CONCRETE SYSTEMS PVT. LIMITED 4 TH FLOOR MANI BHAVAN 54 HUGHES ROAD MUMBAI-400 007. / VS. D CIT - 5(2)(1) ROOM NO.571 5 TH FLOOR AAYKAR BHAVAN MUMBAI-400 020 456 ./ ./PAN/GIR NO. AABCN-6179-P ( 59 /APPELLANT ) : ( :;59 / RESPONDENT ) ASSESSEE BY : SHRI RAKESH JOSHI -LD.AR REVENUE BY : SHRI VIJAYKUMAR SUBRAHMANIYAM -LD.DR 2 / DATE OF HEARING : 05/03/2021 / DATE OF PRONOUNCEMENT : 05/03/2021 / O R D E R MAHAVIR SINGH (VICE PRESIDENT) 1. BY WAY OF THESE MISCELLANEOUS APPLICATIONS THE ASSESSEE SEEKS CERTAIN CLARIFICATION / RECTIFICATION IN TRIBUNAL O RDER DATED 31/12/2019. 2. DRAWING OUT ATTENTION TO APPLICATIONS LD. AR SU BMITTED THAT WHILE FRAMING ASSESSMENT CERTAIN ADDITIONS WERE MADE ON ACCOUNT OF CASH CREDIT U/S 68 INTEREST ON LOAN COMMISSION PAID FO R ACCOMMODATION TRANSACTIONS DISALLOWANCE OF DIFFERENCE IN LONG TE RM BORROWINGS DIFFERENCE IN RENT AND DIFFERENCE IN WATER-PROOFING CHARGES. UPON FURTHER APPEAL LD. CIT(A) GRANTED PARTIAL RELIEF TO THE AS SESSEE UNDER VARIOUS HEADS OF ADDITION AS TABULATED ALONG WITH APPLICATI ON. THE LD. AR SUBMITTED THAT SINCE THE DEPARTMENT HAS NOT FILED A NY FURTHER APPEAL AGAINST RELIEF SO GRANTED THE ISSUES TO THAT EXTE NT HAS ATTAINED FINALITY. THE ASSESSEE RAISED WITHOUT PREJUDICE GROUND ON THE ISSUE OF ADDITION U/S 68 AND SUBMITTED WORKING OF PEAK CREDIT OF THES E ADDITIONS. SINCE THE ISSUE WAS RAISED FOR THE FIRST TIME BEFORE TRIBUNAL THE BENCH IN PARA 5 OF THE ORDER SET ASIDE THE MATTER TO LD. AO TO EXAMIN E THE PEAK WORKING SUBMITTED BY THE ASSESSEE. ACCORDINGLY THE ISSUE W AS SET ASIDE FOR DE NOVO ASSESSMENT. HOWEVER SINCE PART OF THE ADDITIONS H AVE ALREADY BEEN DELETED BY LD. CIT(A) WHICH HAS ATTAINED FINAL ITY THE ORIGINAL ORDER OUGHT NOT TO HAVE BEEN CANCELLED AND SET ASIDE TO L D. AO FOR DE NOVO ADJUDICATION. IN THE ABOVE BACKGROUND A PLEA HAS B EEN RAISED TO AMEND THE DIRECTIONS SUITABLY. 3 THE LD. DR SUBMITTED THAT THE DIRECTIONS GIVEN BY T HE BENCH ARE CLEAR AND THE FRESH ADJUDICATION SHALL ONLY BE WITH RESPE CT TO ADDITIONS WHICH WERE SUBJECT MATTER OF ASSESSEES APPEAL. 3. UPON DUE CONSIDERATION WE FIND CERTAIN STRENGTH IN THE CONCERN RAISED BY LD. AR. IT IS UNDISPUTED FACT THAT CERTAI N ADDITIONS WERE MADE WHILE FRAMING THE ASSESSMENT FOR VARIOUS YEARS. HOW EVER UPON FURTHER APPEAL CERTAIN RELIEF HAS BEEN GRANTED TO THE ASSE SSEE BY LD. CIT(A) WHICH HAS ATTAINED FINALITY IN VIEW OF THE FACT THA T THE REVENUE HAS NOT ASSAILED THE STAND OF LD. CIT(A) ANY FURTHER. THE S UBJECT MATTER OF ASSESSEES APPEALS WAS TO THE EXTENT OF ADDITIONS A S SUSTAINED BY LD. CIT(A). THEREFORE WE DIRECT LD. AO TO REFRAME FRES H ASSESSMENT WITH RESPECT TO THOSE ISSUES AND TO THAT EXTENT ONLY WHI CH WERE THE SUBJECT MATTER OF ASSESSEES APPEAL AND NOT BEYOND. IN OTHE R WORDS THE ASSESSMENT ORDER IS NOT CANCELLED OR SET ASIDE FOR DE NOVO ASSESSMENT BUT ONLY THOSE ISSUES ARE TO BE REFRAMED WHICH FORM ED SUBJECT MATTER OF ASSESSEES APPEAL. THE DIRECTIONS GIVEN IN PARA-5 O F THE ORDER ARE ACCORDINGLY MODIFIED TO THAT EXTENT. 4. ALL APPLICATIONS STAND ALLOWED IN TERMS OF OUR A BOVE ORDER. ORDER PRONOUNCED ON 05 TH MARCH 2021. SD/- SD/- (MANOJ KUMAR AGGARWAL) (MAHAVIR SINGH) / ACCOUNTANT MEMBER / VICE PRESIDENT MUMBAI; DATED : 05/03/2021 SR.PS JAISY VARGHESE 4 !'! / COPY OF THE ORDER FORWARDED TO : 1. 59 / THE APPELLANT 2. :;59 / THE RESPONDENT 3. 7676B ( ) / THE CIT(A) 4. 7676B / CIT CONCERNED 5. CD6:=E 766E / DR ITAT MUMBAI 6. DFGH / GUARD FILE / BY ORDER / (DY./ASSTT.REGISTRAR) / ITAT MUMBAI.