Income Tax Appellate Tribunal - Mumbai
Can Properties Private Limited , Mumbai vs Income Tax Officer Ward 8(1)(2), Mumbai on 26 December, 2017
IN THE INCOME TAX APPELLATE TRIBUNAL "C", BENCH MUMBAI BEFORE SHRI R.C.SHARMA, AM & SHRI PAWAN SINGH, JM MA No.323/Mum/2017 (Arising Out of ITA No.7294/Mum/2017) (Assessment Year 2010-11:) M/s. Can Properties Pvt. Ltd., Vs. ITO W ard 8(1)(2) Shop No.13 Mumbai Lumbini Palace Co.op Housing Society Ltd., 91, Tejpal Road Vile Parle (E), Mumbai - 400057 PAN/GIR No. AADCC7832L Appellant) .. Respondent) Assessee by Shri Dr. P. Daniel Revenue by Shri V. Janardhnan Date of Hearing 22/12/2017 Date of Pronouncement 26/12/2017 आदे श / O R D E R PER PAWAN SINGH (J.M):
This M.A. arose out of ITA No.7294/Mum/2017.
2. Through this M.A. It was contended by learned AR that there is a mistake apparent from record in so far as additional ground so raised which was also reproduced by the Tribunal in para 2 of its order, however, the same was not dealt with, accordingly it was argued that proper direction should be given for adjudicating the same by the AO. It was also pleaded that issue under consideration is squarely covered by the 2 MA No.323/Mum/2017 M/s.Can Properties Pvt.Ltd., decision of the Mumbai Tribunal in case of Premsudha Exports (P) Ltd., 110 ITD 158 which was also argued during the course of hearing.
3. We have considered rival contentions and carefully gone through the miscellaneous petition as well as the order passed by the Tribunal dated 25/05/2016. We found that additional ground so raised by the assessee has been reproduced by the Tribunal in para 2, however, the same was not adjudicated. We also found that assessee has cited the decision of the Tribunal in case of Premsudha Exports (P) Ltd., during the course of original hearing, the same also could not be given effect. Accordingly, we rectify the order and we direct the AO as under:-
"The assessment is already set aside. We direct the A.O. also to look into the claim of the assessee u/s. 23(l)(c) as all the facts relevant are available before the A.O., he is directed to allow the relief u/s. 23(l)(c) in view of the Tribunal's decision in the case of Premsudha Exports (P) Ltd vs. ACIT (CC) Mumbai (2008) 110 ITD 158 (Mum) after due verification."
4. In the result, MA filed by the assessee is allowed in terms indicated hereinabove.
Order pronounced in the open court on this 26/12/2017
Sd/- Sd/-
(R.C.SHARMA) (PAWAN SINGH)
ACCOUNTANT MEMBER JUDICIAL MEMBER
Mumbai; Dated 26/12/2017
Karuna Sr.PS
3
MA No.323/Mum/2017
M/s.Can Properties Pvt.Ltd.,
Copy of the Order forwarded to :
1. The Appellant
2. The Respondent.
3. The CIT(A), Mumbai.
4. CIT
DR, ITAT, Mumbai
5. BY ORDER,
6. Guard file.
सत्यापित प्रतत //True Copy//
(Asstt. Registrar)
ITAT, Mumbai