Income Tax Appellate Tribunal - Mumbai
Stup Consultants Pvt. Ltd., Mumbai vs Addl.C.I.T. Rg.3(3), Mumbai on 13 November, 2019
1 MA No.377/Mum/2019 Arising out of ITA No.5827/Mum/2012 STUP Consultants Pvt. Ltd.
Assessment Year-2009-10 आयकर अपीलीय अिधकरण "जी" ायपीठ मुं बई म ।
IN THE INCOME TAX APPELLATE TRIBUNAL "G" BENCH, MUMBAI माननीय ी सी. एन. साद, ाियक सद एवं माननीय ी मनोज कुमार अ वाल ,लेखा सद के सम ।
BEFORE HON'BLE SHRI C.N. PRASAD, JM AND HON'BLE SHRI MANOJ KUMAR AGGARWAL, AM Miscellaneous Application No.377/Mum/2019 [Arising Out of I.T.A. No.5827/Mum/2012] ( नधा रणवष / Assessment Year: 2009-10) STUP Consultants Pvt. Ltd. Addl. CIT-Range-3(3) 1004-05, Raheja Chambers बनाम/ Room No.606, 6th Floor 213, Free Press Journal Marg Vs. Aaykar Bhavan, M.K. Road Nariman Point, Mumbai-400 021. Mumbai-400 020. थायीले खासं . /जीआइआरसं . /PAN/GIR No. AABCS-1945-E (अपीलाथ /Appellant) : ( यथ / Respondent) अपीलाथ क ओरसे/ Appellant by : Shri Mahesh Mathur- Ld.AR यथ क ओरसे/Respondent by : Shri Choudhary Arun Kumar Singh - Ld. DR सनु वाईक तार ख/ : 30/08/2019 Date of Hearing घोषणाक तार ख / : 13/11/2019 Date of Pronouncement आदे श / O R D E R Manoj Kumar Aggarwal (Accountant Member): -
1. By way of this Miscellaneous Application for Assessment Year [AY] 2009-10, the assessee seeks rectification / recall of Tribunal order dated 11/12/2018.2 MA No.377/Mum/2019
Arising out of ITA No.5827/Mum/2012 STUP Consultants Pvt. Ltd.
Assessment Year-2009-10
2. Drawing our attention to the petition, Ld.AR submitted that certain decisions were cited during hearing to the effect that interest on arrears of taxes may have a different character from tax itself and if such interest is not penal in character, it cannot be disallowed. These decisions, as per the submissions, has not been considered while adjudicating the issue. Another submission made are that documentary evidences submitted in the paper- book in support of the conclusion that compensatory payment of interest is not part and parcel of tax or of the same color and character and is independent of tax have not been discussed /considered. In the above background, Ld. AR pleaded for rectification / recall of the order. The Ld. DR, on the other hand, submitted that all aspects are well considered by the bench while adjudicating the appeal and the assessee is merely seeking review of the order which was impermissible.
3. Upon due consideration of order under consideration, we find that the solitary issue involved under the appeal was disallowance of interest paid u/s 234B, 234C, 234D u/s 37 of the Income Tax Act, 1961. The bench, while considering all the aspects including arguments made during hearing of appeal, adjudicated the stated issues vide para nos. 4.1 to 5 of the order. Finally, the appeal was partly allowed. We find that arguments made in this petition before us were well considered by the bench while adjudicating the issue and an opinion has already been expressed in the order. We find the application to be nothing more than an application which is seeking review 3 MA No.377/Mum/2019 Arising out of ITA No.5827/Mum/2012 STUP Consultants Pvt. Ltd.
Assessment Year-2009-10 of the order. Therefore, we find no reason to interfere in the order, in any manner.
4. Resultantly, the application stand dismissed.
Order pronounced in the open court on 13th November, 2019.
Sd/- Sd/-
(C.N. Prasad) (Manoj Kumar Aggarwal)
ाियक सद / Judicial Member लेखा सद / Accountant Member
मुंबई Mumbai; िदनां कDated : 13/11/2019 Sr.PS:-Jaisy Varghese आदे श की ितिलिप अ े िषत/Copy of the Order forwarded to :
1. अपीलाथ"/ The Appellant
2. #थ"/ The Respondent
3. आयकरआयु%(अपील) / The CIT(A)
4. आयकरआयु%/ CIT- concerned
5. िवभागीय ितिनिध, आयकरअपीलीयअिधकरण, मुंबई/ DR, ITAT, Mumbai
6. गाड, फाईल / Guard File आदे शानुसार/ BY ORDER, उप/सहायकपंजीकार (Dy./Asstt.Registrar) आयकरअपीलीयअिधकरण, मुंबई / ITAT, Mumbai.