I.T.O. - 9(2)(3), MUMBAI vs. CREST PAPER MILLS LTD., MUMBAI
Income Tax Appellate Tribunal, MUMBAI BENCH “C” MUMBAI
Before: SHRI AMIT SHUKLA () & SHRI OM PRAKASH KANT () Assessment Year: 2012-13
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.
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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.”
2. 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. (AMIT SHUKLA)
ACCOUNTANT MEMBER
Mumbai;
Dated: 30/06/2025
Disha Raut, Stenographer
Copy of the Order forwarded to :
The Appellant 2. The Respondent. 3. CIT 4. DR, ITAT, Mumbai 5. Guard file.
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BY ORDER,
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