VIRAL MULANI (HUF), v. ITO WD 21(2)(3),

MA 829/MUM/2009 | 1999-2000
Pronouncement Date: 22-03-2010 | Result: Allowed

Appeal Details

RSA Number 82919924 RSA 2009
Assessee PAN AAAHV0059C
Bench Mumbai
Appeal Number MA 829/MUM/2009
Duration Of Justice 3 month(s) 14 day(s)
Appellant VIRAL MULANI (HUF),
Respondent ITO WD 21(2)(3),
Appeal Type Miscellaneous Application
Pronouncement Date 22-03-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted J
Tribunal Order Date 22-03-2010
Assessment Year 1999-2000
Appeal Filed On 08-12-2009
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH J MUMBAI BEFORE SHRI R.K.PANDA AM & SMT. ASHA VIJAYARAGHAVA N JM M.A. NO. 829/MUM/2009 ARISING OUT OF I.T.A. NO. 769/MUM/2003 (ASSESSMENT YEAR 1999-2000) M/S. VIRAL BHULANI HUF 18/5 HIND CHS 23 N.S. MANKIKAR MARG SION MUMBAI-400 022 PAN: AAAHV0059C VS. THE INCOME-TAX OFFICER WARD 21(2)(3) PRATYAKSHA KAR BHAVAN C-10 5 TH FLOOR BANDRA KURLA COMPLEX BANDRA (EAST) MUMBAI-400 051\ APPELLANT RESPONDENT APPELLANT BY : SHRI V.G. GINDE RESPONDENT BY : SHRI NAVIN GUPTA ORDER DATE OF HEARING: 19.03.2010 DATE OF ORDER: 22.03.2010 PER R.K.PANDA AM THROUGH THIS MISCELLANEOUS APPLICATION (MA) THE AS SESSEE REQUESTS THE TRIBUNAL TO RECTIFY ITS ORDER SINCE GR OUNDS OF APPEAL NO. 3 BY THE ASSESSEE HAS NOT BEEN ADJUDICATED. 2. AFTER HEARING BOTH THE SIDES WE FIND THE ASSESSEE HAD FILED AN APPEAL AGAINST THE ORDER OF THE CIT(A) WHO HAS SUST AINED THE DISALLOWANCE OF INTEREST PAID AMOUNTING TO RS.45 98 5 DISALLOWANCE OF COMMISSION OF RS. 1 LAKH PAID TO M/S. EXCEL TRADERS & AGENCIES AND DISALLOWANCE OF COMMISSION OF RS. 1 LAKH PAID TO SH RI V. PRAKASH. HOWEVER THE TRIBUNAL WHILE DECIDING THE ISSUE HAS RESTORED THE ISSUE TO THE FILE OF THE ASSESSING OFFICER FOR FRESH ADJUDIC ATION OF THE ISSUE ON ACCOUNT OF DISALLOWANCE OF INTEREST OF RS.45 985 AN D THE DISALLOWANCE OF COMMISSION OF RS.1 LAKH PAID TO M/S. EXCEL TRADE RS AND AGENCIES. THE TRIBUNAL INADVERTENTLY HAD NOT DEALT WITH THE D ISALLOWANCE OF COMMISSION OF RS.1 LAKH PAID TO SHRI V. PRAKASH. T HEREFORE IN OUR OPINION A MISTAKE HAS CREPT IN THE ORDER OF THE TR IBUNAL. WE MA NO. 829/MUM/2009 M/S. VIRAL BHULANI HUF ====================== 2 ACCORDINGLY AMEND PARAGRAPHS 3 AND 4 OF THE ORDER O F THE TRIBUNAL WHICH SHOULD BE READ AS UNDER: 3. THE ASSESSEE IN ITS VARIOUS GROUNDS OF APPEAL H AS CHALLENGED THE ORDER OF THE LEARNED CIT(A) IN CONFI RMING THE DISALLOWANCE OF INTEREST PAID AMOUNTING TO RS.45 985/- IN RESPECT OF LOAN BORROWED FROM SHRI M .P. BHULANI. THE ASSESSEE HAS ALSO CHALLENGED THE ORDE R OF THE LEARNED CIT(A) IN CONFIRMING THE DISALLOWANCE O F COMMISSION OF RS. 1 LAKHS PAID TO M/S. EXCEL TRADER S AND AGENCIES AND DISALLOWANCE OF COMMISSION OF RS. 1 LAKH PAID TO SHRI V. PRAKASH . 4. BOTH THE SIDES FAIRLY CONCEDED THAT THIS MATTER NEEDS FRESH ADJUDICATION AT THE LEVEL OF THE AO SIN CE CERTAIN DOCUMENTS AND EVIDENCES FILED BY THE ASSESS EE WAS NEITHER CONSIDERED BY THE AO NOR CONSIDERED BY THE LEARNED CIT(A). IN THIS VIEW OF THE MATTER WE DEE M IT PROPER TO RESTORE THIS MATTER BACK TO THE FILE OF T HE AO DIRECTING HIM TO RE-ADJUDICATE THE ISSUE IN THE LIG HT OF THE EVIDENCES FILED BY THE ASSESSEE BEFORE HIM AND IN ACCORDANCE WITH LAW AFTER GIVING DUE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. WE HOLD AND DIRECT ACCORDINGLY. GROUNDS RAISED BY THE APPELLANT ARE ACCORDINGLY ALLOWED FOR STATISTICAL PURPOSES. 3. IN THE RESULT THE MA FILED BY THE ASSESSEE IS ALLO WED. PRONOUNCED ON 22 ND MARCH 2010 SD/- (ASHA VIJAYARAGHAVAN) JUDICIAL MEMBER SD/- (R.K. PANDA) ACCOUNTANT MEMBER MUMBAI DATED 22 ND MARCH 2010 MA NO. 829/MUM/2009 M/S. VIRAL BHULANI HUF ====================== 3 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A)-XXI MUMBAI 4. THE CIT CITY-XXI MUMBAI 5. THE DR J BENCH. //TRUE COPY// BY ORDER ASSISTANT REGISTRAR ITAT MUMBAI BENCHES MUMBAI TPRAO