M/s. Rajhans Metals Pvt. Ltd. v. The Asstt. Comm. of Income-tax, Circle–9(3), Mumbai
[Citation -2016-LL-1007-152]

Citation 2016-LL-1007-152
Appellant Name M/s. Rajhans Metals Pvt. Ltd.
Respondent Name The Asstt. Comm. of Income-tax, Circle–9(3), Mumbai
Court ITAT-Mumbai
Relevant Act Income-tax
Date of Order 07/10/2016
Assessment Year 2007-08
Judgment View Judgment
Keyword Tags mistake apparent on record • industrial estate • ex parte assessment order
Bot Summary: It has been pleaded in the application that the appeal of the assessee bearing ITA No.596/M/2011 for A.Y. 2007-08 has been decided by this Tribunal along with appeal of the Revenue bearing ITA No.1065/M/2011 vide order dated 10.09.2014; That the assessee in its appeal had taken five grounds of appeal. In the first four grounds, the assessee had agitated the passing of the assessment order under section 144 of the Act whereas in the ground No.5, the assessee has agitated the addition of Rs.3,43,51,585/- on account of G.P. made by the Assessing Officer and further confirmed by the Commissioner of Income Tax up to the extent of Rs.2,06,77,484/-. The grounds of appeal taken by the assessee in its appeal bearing ITA No.596/M/2011 for A.Y. 2007-08 for the sake of convenience are reproduced as under: 1. A perusal of the order dated 10.09.2014 reveals that ground No.5 of the assessee s appeal has remained unadjudicated. We recall the order dated 10.09.14 to the limited extent for the purpose of adjudication of ground No.5 only. The finding of the Tribunal in relation to the ground No.1 to 4 will remain as such as per order dated 10.09.2014. The registry is directed to fix the appeal for adjudication of Ground No.5 on 15.12.16 in regular course.


IN INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH D , MUMBAI BEFORE SHRI B.R. BASKARAN ACCOUNTANT MEMBER AND SHRI SANJAY GARG, JUDICIAL MEMBER MA No.125/M/2016 (Arising out of ITA No.596/M/2011 date of decision: 10.09.2014) Assessment Year: 2007-08 M/s. Rajhans Metals Pvt. Ltd., Asstt. Comm. Of Income 3, Shiley Industrial Estate, Tax, Udyog Nagar, Circle 9(3), Vs. S.V. Road, Mumbai - 400020 Goregaon (West), Mumbai 400 062 PAN: AAACR5424Q (Appellant) (Respondent) Present for: Assessee by : Shri Girish Dave, A.R. Revenue by : Shri V. Tripathi, D.R. Date of Hearing : 07.10.2016 Date of Pronouncement : 07.10.2016 ORDER Per Sanjay Garg, Judicial Member: Present is miscellaneous application filed on behalf of assessee. It has been pleaded in application that appeal of assessee bearing ITA No.596/M/2011 for A.Y. 2007-08 has been decided by this Tribunal along with appeal of Revenue bearing ITA No.1065/M/2011 vide order dated 10.09.2014; That assessee in its appeal had taken five grounds of appeal. In first four grounds, assessee had agitated passing of assessment order under section 144 of Act whereas in ground No.5, assessee has agitated addition of Rs.3,43,51,585/- on account of G.P. made by Assessing Officer and further confirmed by Commissioner of Income Tax (Appeals) up to extent of Rs.2,06,77,484/-. It has been pleaded that while deciding appeal of assessee, Tribunal has only decided first four grounds and ground No.5 inadvertently has remained unadjudicated. 2 MA No.125/M/2016 M/s. Rajhans Metals Pvt. Ltd. 2. We have considered above submissions of assessee. grounds of appeal taken by assessee in its appeal bearing ITA No.596/M/2011 for A.Y. 2007-08 for sake of convenience are reproduced as under: 1. assessment order u/s. 144 is bad in law. 2. learned Assessing Officer has erred on facts and in law in making ex- parte assessment u/s. 144 and Hon'ble CIT(A) has in confirming same. 3. learned Assessing Officer has failed to apply his best judgment while framing assessment u/s. 144. 4. learned Assessing Officer has erred on facts and in law in rejecting books of account u/s. 145(3) and Hon ble CIT(A) has erred in confirming same. 5. learned Assessing Officer erred in law as well as on facts in making addition of Rs.3,43,51,585/- on account of G.P. and Hon ble CIT(A) has erred in confirming addition to extent of Rs.2,06,77,484/- . 3. perusal of order dated 10.09.2014 reveals that ground No.5 of assessee s appeal has remained unadjudicated. Hence, there is mistake apparent on record in order dated 10.09.14. We, therefore, recall order dated 10.09.14 to limited extent for purpose of adjudication of ground No.5 only. finding of Tribunal in relation to ground No.1 to 4 will remain as such as per order dated 10.09.2014. registry is directed to fix appeal for adjudication of Ground No.5 on 15.12.16 in regular course. 4. In result, present miscellaneous application of assessee is treated as allowed. Order pronounced in open court on 07.10.2016. Sd/- Sd/- (B.R. Baskaran) (Sanjay Garg) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai, Dated: 07.10.2016. Kishore, Sr. P.S. 3 MA No.125/M/2016 M/s. Rajhans Metals Pvt. Ltd. Copy to: Appellant Respondent CIT, Concerned, Mumbai CIT (A) Concerned, Mumbai DR Concerned Bench //True Copy// [ By Order Dy/Asstt. Registrar, ITAT, Mumbai. M/s. Rajhans Metals Pvt. Ltd. v. Asstt. Comm. of Income-tax, Circle9(3), Mumbai
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