DCIT CEN CIR 31, v. ZEST HOLDINGS P. LTD,

MA 431/MUM/2010 | 2006-2007
Pronouncement Date: 20-08-2010 | Result: Allowed

Appeal Details

RSA Number 43119924 RSA 2010
Assessee PAN AAACZ0443M
Bench Mumbai
Appeal Number MA 431/MUM/2010
Duration Of Justice 1 month(s) 14 day(s)
Appellant DCIT CEN CIR 31,
Respondent ZEST HOLDINGS P. LTD,
Appeal Type Miscellaneous Application
Pronouncement Date 20-08-2010
Appeal Filed By Department
Order Result Allowed
Bench Allotted G
Tribunal Order Date 20-08-2010
Assessment Year 2006-2007
Appeal Filed On 06-07-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH MUMBAI BEFORE SHRI D. K. AGARWAL JM & SHRI R.K. PANDA AM M.A. NO. 431/MUM/2010 I.T.A. NO. 3637/MUM/2009 (ASSESSMENT YEAR 2006-07) DY. COMMISSIONER OF INCOME-TAX CENTRAL CIRCLE 31 R. NO. 409 4 TH FLOOR AAYAKAR BHAVAN MUMBAI-400 020 VS. M/S. ZEST HOLDINGS PVT. LTD. 32 MADHULI DR. A.B. ROAD WORLI MUMBAI-400 018 PAN: AAACZ0443M APPELLANT RESPONDENT APPELLANT BY: DR. P. DANIEL RESPONDENT BY: MR. NILESH MEHTA O R D E R DATE OF HEARING: 20.08.2010 DATE OF ORDER: 20.08.2010 PER R.K. PANDA AM: THE REVENUE THROUGH THIS MISCELLANEOUS APPLICATION REQUESTS THE TRIBUNAL TO RECTIFY PARAGRAPHS 4 TO 6 OF THE ORDER OF THE TRIBUNAL WHERE THE TRIBUNAL HAS RESTORED THE MATTER TO THE FILE OF THE ASSESSING OFFICER INSTEAD OF RESTORING THE SAME TO THE FILE OF THE CIT(A). 2. BOTH THE PARTIES FAIRLY AGREED THAT THE TRIBUNAL IN THE CASE OF THE GROUP CONCERNS IN THE EARLIER YEARS HAS RESTORE D THE MATTER TO THE FILE OF THE CIT(A) FOR FRESH ADJUDICATION. THE REFORE FOLLOWING THE ORDER OF THE TRIBUNAL IN CASE OF THE GROUP CONCERNS FOR OTHER YEARS THE TRIBUNAL SHOULD HAVE RESTORED THE MATTER TO THE FILE OF THE CIT(A). HOWEVER INADVERTENTLY THE SAME HAS BEEN RESTORED TO THE FILE OF THE ASSESSING OFFICER. 3. AFTER HEARING BOTH THE SIDES WE FIND THE TRIBUNAL IN THE CASE OF GROUP CONCERNS IN EARLIER ASSESSMENT YEARS HAS R ESTORED THE MATTER TO THE FILE OF THE CIT(A) FOR ADJUDICATION O F THE DISALLOWANCE M.A. NO. 431/MUM/2010 M/S. ZEST HOLDINGS PVT. LTD. =================== 2 ON ACCOUNT OF INTEREST EXPENDITURE. HOWEVER INADV ERTENTLY A MISTAKE HAS CREPT IN THE ORDER OF THE TRIBUNAL IN T HE IMPUGNED ASSESSMENT YEAR WHERE THE MATTER HAS BEEN RESTORED TO THE FILE OF THE ASSESSING OFFICER INSTEAD OF THE CIT(A). WE T HEREFORE RECTIFY PARAGRAPHS 4 TO 6 OF THE ORDER WHERE THE WORDS OCCU RRING ASSESSING OFFICER SHALL BE READ AS CIT(A). ACC ORDINGLY WE DIRECT THAT PARAGRAPHS 4 TO 6 OF THE ORDER BE READ AS UNDE R: 4. THE LEARNED COUNSEL FOR THE ASSESSEE AT THE OUTSET DREW THE ATTENTION OF THE BENCH TO THE ORDE R OF THE TRIBUNAL IN THE CASE OF SISTER CONCERN VIZ. M/ S. ORION TRAVELS PVT. LTD. VS. DCIT VIDE I.T.A. NOS. 6 888 & 6889/MUM/08 FOR THE A.YS. 2004-05 AND 2005-06 AND SUBMITTED THAT THE TRIBUNAL FOLLOWING THE DECISION OF THE TRIBUNAL IN THE CASE OF M/S. AATUR HOLDINGS PVT . LTD. HAD RESTORED THE MATTER TO THE FILE OF THE CIT (A) FOR FRESH ADJUDICATION. THEREFORE THIS GROUND SHO ULD BE RESTORED TO THE FILE OF THE CIT(A) FOR FRESH ADJUDICATION. 5. THE LEARNED DR ON THE OTHER HAND FAIRLY CONCEDED THE ABOVE FACTS AS STATED BY THE LEARNED COUNSEL FOR THE ASSESSEE AND SUBMITTED THAT THE TRIBUNAL IN THE CASE OF GROUP CONCERNS HAS RESTORED THE MATTER TO THE FILE OF THE CIT(A) FOR FRESH ADJUDICATION. 6. IN VIEW OF THE ABOVE SUBMISSION BY BOTH THE SIDES WE RESTORE THIS ISSUE TO THE FILE OF THE CIT (A) FOR FRESH ADJUDICATION IN THE LIGHT OF THE DECISION OF THE TRIBUNAL IN THE CASE OF AATUR HOLDINGS PVT. LTD. (SUPRA) WHICH HAS SUBSEQUENTLY BEEN FOLLOWED BY THE TRIBUNAL IN THE CASE OF ORION TRAVELS PVT. LTD. (SU PRA). ACCORDINGLY THIS GROUND BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. 4. IN THE RESULT THE MA FILED BY THE REVENUE IS ALLOW ED. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE OF H EARING ITSELF I.E. ON 20 TH AUGUST 2010 SD/- (D.K. AGARWAL) JUDICIAL MEMBER SD/- (R.K. PANDA) ACCOUNTANT MEMBER MUMBAI DATED 20 TH AUGUST 2010 M.A. NO. 431/MUM/2010 M/S. ZEST HOLDINGS PVT. LTD. =================== 3 COPY TO: (1) THE APPELLANT (2) THE RESPONDENT (3) THE CIT(A) CENTRAL-IV MUMBAI (4) THE CIT CENTRAL-II MUMBAI (5) THE DR G BENCH ITAT MUMBAI. //TRUE COPY// BY ORDER ASSISTANT REGISTRAR ITAT MUMBAI BENCHES MUMBAI TPRAO