ASSTT.C,I,.T, CENTRAL CIR, -2(3), NAGPUR V. M/S GUPTA COALFIELDS & WASHERIES LTD., NAGPUR

MA 1/NAG/2020

AI Insights

The case involves the Income Tax Department (Revenue) seeking a recall of an earlier tribunal order concerning M/s. Gupta Global Resources Pvt. Ltd. The original tribunal order had inadvertently omitted to adjudicate three specific grounds related to disallowances in the assessment year 2005-06. These grounds pertained to disallowances of purchases from a specific company, a negative cash balance, and service charges. The tribunal acknowledged the oversight and decided to recall the order to address these un-adjudicated issues.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 24472 (ITAT-NAGPUR)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 21-01-2025
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2005-2006
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANDIPKUMAR SALUNKE
• Keywords: Depreciation

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER, AND SHRI K.M. ROY, ACCOUNTANT MEMBER M.A. no.1/Nag./2020 (Arising out of ITA no.429/Nag./2014) (Assessment Year : 2005–06) Shri Vikas Chandra Asstt. Commissioner of Income Tax Central Circle–2(1), Nagpur ……………. Applicant (Original Appellant) v/s M/s. Gupta Global Resources Pvt. Ltd. (Earlier known as M/s. Gupta Coalfield & Washeries Ltd.) 7th Floor, Shriram Towers Kingsway, Sadar, Nagpur 440 001 PAN – AABCG9561E …………….Respondent (Original Respondent) Assessee by : None Revenue by : Shri Sandipkumar Salunke Date of Hearing – 27/12/2024 Date of Order – 21/01/2025 O R D E R PER BENCH By way of this Miscellaneous Application (“M.A.”) the Revenue seeks to recall of the impugned order dated 22/10/2019, passed by the Co–ordinate Bench of the Tribunal in Revenue’s appeal being ITA No.429/Nag./2014, for the assessment year 2005–06, with a prayer to adjudicate certain grounds which have been left un–adjudicated in the impugned order. 2. The brief nature of mistake which have crept in the order have been summarized herein below:– 2 M/s. Gupta Global Resources Pvt. Ltd. (Earlier known as M/s. Gupta Coalfield & Washeries Ltd.) “Hon'ble ITAT stated that facts and issues raised in ITA No.429/NAG/2014 dated 22.10.2019 are identical to the facts and issued raised in ITA No. 414/NAG/2014 dated 22.10.2019. Thus, the decision rendered ITA No.414/NAG/2014 shall apply mutatis-mutandis to ITA No. 429 NAG/2014. Three grounds pertaining to additions on account of disallowance of purchase made from M/s. Encore Logistics Pvt Ltd., disallowance of negative cash balance and disallowance of service charges paid were not covered in order in ITA No. 414/NAG/2014 dated 22.10.2019.” 3. On a perusal of the grounds no.4, 5 and 6, raised by the Revenue in its appeal being ITA no.414/Nag./2014, we find that it pertains to depreciation on account of road and railway siding and wind mill respectively. Thus, these grounds have no similarity or resemblance to grounds no.4, 5 and 6, in Revenue’s appeal being ITA no.429/Nag./2014, for the assessment year 2005–06. These grounds remained un–adjudicated and thus the observation of the Co–ordinate Bench of the Tribunal that these grounds are similar, are patently wrong and hence manifest crept error has crept in the order passed. Consequently, the impugned order dated 22/10/2019, passed by the Co– ordinate Bench of the Tribunal in Revenue’s appeal being ITA No.429/Nag./ 2014, for the assessment year 2005–06, is hereby recalled and directed to be adjudicated denovo on these three grounds. Accordingly, the Registry is directed to fix the Revenue’s appeal being ITA no.429/Nag./2014, for the assessment year 2005–06, in due course for adjudication on merit of these grounds which have been left un–adjudicated. Issue notices to the parties promptly intimating the date of hearing. 3 M/s. Gupta Global Resources Pvt. Ltd. (Earlier known as M/s. Gupta Coalfield & Washeries Ltd.) 4. In the result, Miscellaneous Application filed by the Revenue is allowed. Order pronounced in the open Court on Sd/- K.M. ROY ACCOUNTANT MEMBER Sd/- V. DURGA RAO JUDICIAL MEMBER NAGPUR, DATED: Copy of the order forwarded to: (1) The Assessee; (2) The Revenue; (3) The PCIT / CIT (Judicial); (4) The DR, ITAT, Nagpur; and (5) Guard file. True Copy By Order Pradeep J. Chowdhury Sr. Private Secretary Sr. Private Secretary ITAT, Nagpur "