Sheti Utpanna Bazar Samiti, Karad V. CIT-III, Pune

ITA 373/PUN/2010

• Counselvise Citation: 37324514 RSA 2010
• Duration Of Justice: 1 year(s) 9 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-12-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 15-12-2011
• Assessment Year: 2004-2005
• Appeal Filed On: 11-03-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ANN KAPUSTHAMA
• Section: 12AA; 154

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE BEFORE SHRI I C SUDHIR, JUDICIAL MEMBER AND SHRI G.S. PANNU, ACCOUNTANT MEMBER ITA NO 373/PN/10 (ASSTT. YEAR: 2004-05) SHETI UTPANNA BAZAR SAMITI, APPELLANT PLOT NO 41, MARKET YARD, SHANIWAR PETH, KARAD PAN AAAFTS3619C VS. INCOME-TAX OFFICER TECH.III, .. RESPONDENT CIR. 7, PUNE APPELLANT BY: SHRI M K KULKARNI RESPONDENT BY: SMT ANN KAPUSTHAMA DATE OF HEARING : 15.12.2011 DATE OF PRONOUNCEMENT : 23.12.2011 ORDER PER G.S. PANNU, AM THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDE R OF THE COMMISSIONER OF INCOME-TAX-III, PUNE DATED 16.10.2009 PASSED IN RESPONSE TO AN APPLICATION MOVED BY THE ASSESSEE UNDER SECTION 154 OF THE INCOME-TAX ACT, 1961 (IN SHORT THE ACT) SEEKING RECTIFICATION IN AN EAR LIER ORDER OF THE COMMISSIONER OF INCOME-TAX DATED 28.11.2007, PERTAININ G TO THE ASSESSMENT YEAR 2004-05. 2 2. IN BRIEF, THE FACTS ARE THAT CONSEQUENT TO THE ORDE R OF THE TRIBUNAL IN THE ASSESSEES CASE IN ITA NO 5643/PN/07 DATED 31.8.2007, THE COMMISSIONER OF INCOME-TAX GRANTED REGISTRATION TO THE ASSESSEE UNDER SE CTION 12A(A)(II) READ WITH SECTION 12AA OF THE ACT WITH EFFECT FROM 1.4.2003 , VIDE ORDER DATED 28.11.2007. IN RESPONSE, THE ASSESSEE MOVED AN APPLICATIO N UNDER SECTION 154 SEEKING RECTIFICATION OF THE AFORESAID ORDER OF THE COM MISSIONER OF INCOME-TAX ON THE GROUND THAT THE REGISTRATION BE GRANTED WITH EFF ECT FROM 1.4.2002 INSTEAD OF IT HAVING BEEN GRANTED WITH EFFECT FROM 1.4.2003. 3. IN THE IMPUGNED ORDER, THE COMMISSIONER OF INCOME-T AX HAS REJECTED THE APPLICATION ON THE GROUND THAT THE SUBJECT-MATTER WAS B EFORE THE HONBLE TRIBUNAL INASMUCH AS THE TRIBUNAL VIDE ITS ORDER IN M.A NO 35/PN /08 DATED 23.6.2008 HAD RECALLED ITS EARLIER ORDER DATED 31.8.2007 (SUPRA). A GAINST THE REJECTION OF ITS APPLICATION BY THE COMMISSIONER OF INCOME-TAX, THE ASSESSE E IS IN APPEAL BEFORE US. 4. IN THE COURSE OF HEARING BEFORE US, THE LEARNED COU NSEL FOR THE ASSESSEE FAIRLY POINTED OUT TO THE FACTUAL POSITION THAT THE O RDER OF THE TRIBUNAL DATED 31.8.2007 (SUPRA) HAS SINCE BEEN RECALLED AND AS A RESU LT NO ERROR CAN BE FOUND IN THE APPROACH OF THE COMMISSIONER OF INCOME-TAX IN R EJECTING ASSESSEES CONTAINED IN ITS APPLICATION UNDER SECTION 154 OF THE ACT, INASMUCH AS THE ORDER OF THE COMMISSIONER OF INCOME-TAX DATED 28.11.2007 GRA NTING REGISTRATION TO THE ASSESSEE NO LONGER SURVIVES IN THE FACE OF THE ORDER OF T HE TRIBUNAL DATED 31.8.2007 (SUPRA) HAVING BEEN RECALLED. 5. AT THE TIME OF HEARING, THE LEARNED COUNSEL FURTH ER POINTED OUT THAT CONSEQUENT TO THE ORDER OF THE TRIBUNAL IN M.A NO 37/ PN/08, HEARING IS AWAITED IN THE APPEAL OF THE ASSESSEE. 3 6. IN VIEW OF THE AFORESAID, WE, THEREFORE, FIND THA T THE IMPUGNED APPEAL OF THE ASSESSEE IS RENDERED INFRUCTUOUS AND IS ACCORDINGLY DISMI SSED AS WITHDRAWN. 7. IN THE RESULT, THE APPEAL IS DISMISSED. DECISION PRONOUNCED IN THE OPEN COURT ON THE 23RD DAY OF DECEMBER, 2011 SD/- SD/- (I C SUDHIR) (G.S. PANNU) JUDICIAL MEMBER ACCOUNTANT MEM BER PUNE, DATED: 23 RD DECEMBER, 2011 B COPY TO:- 1) APPELLANT 2) RESPONDENT 3) THE CIT-III, PUNE 4) DR, B BENCH, ITAT, PUNE. 5) GUARD FILE TRUE COPY BY ORDER SR. PS, I.T.A.T., PUNE