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Facts
The Income Tax Appellate Tribunal referred a case to a Third Member due to a divergence of opinion between the Judicial and Accountant Members. The Third Member was asked to resolve the point of difference.
Held
The Third Member concurred with the Accountant Member, confirming the order of the CIT(A) which deleted the addition made by the AO. Consequently, the Revenue's appeal was dismissed.
Key Issues
The case was referred to a Third Member due to a disagreement between the Judicial and Accountant Members, requiring a resolution of their differing opinions.
Sections Cited
255(4)
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Income Tax Appellate Tribunal, MUMBAI BENCH “C” MUMBAI
Before: SHRI AMIT SHUKLA & SHRI OM PRAKASH KANT
Date of Hearing : 13/06/2025 Date of pronouncement : 30/06/2025 ORDER ORDER UNDER SECTION 255(4) OF THE INCOME-TAX ACT, 1961
Owing to a divergence of opinion between the Hon’ble Judicial Member and the Hon’ble Accountant Member of the Division Bench of the Income Tax Appellate Tribunal (in short the ‘Tribunal’), the Hon’ble President of the Tribunal, in exercise of powers vested in him, was pleased to refer the matter to a Third Member for resolution of the point of difference. The Hon’ble Third Member, by order dated 24.03.2025, upon a perusal of the record and after
Crest Paper Mills Ltd. 2 affording opportunity of hearing to the parties, concurred with the view expressed by the Hon’ble Accountant Member. The operative portion of the opinion rendered by the Hon’ble Third Member reads as under:
On going through the record and upon hearing the parties, I agree with the view taken by the Ld Accountant member in confirming the order passed by Ld CIT(A) in this year, wherein he has deleted the addition made by the AO. Accordingly, the appeal of the Revenue is liable to be dismissed.
In light of the majority opinion, comprising the concurring views of the Hon’ble Accountant Member and the Hon’ble Third Member, the order passed by the Learned Commissioner of Income Tax (Appeals) stands affirmed, and the appeal preferred by the Revenue is consequently dismissed.
Order pronounced in the open Court on 30/06/2025.