LUNAWAT GEMS CORPORATION,JAIPUR V. DY. CIT, CIRCLE-2, JAIPUR, JAIPUR

MA 27/JPR/2025

AI Insights

The case involves Lunawat Gems Corporation, which filed a Miscellaneous Application seeking reconsideration of purchases previously treated as bogus by the Income Tax Department. The application was based on an order from the Hon'ble High Court, which allowed the appellant to approach the Tribunal to raise grievances. However, the Tribunal found that the application was not maintainable as there was no mistake apparent from the record in the earlier decision, and the High Court's order did not direct the Tribunal to reconsider the matter.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 776861 (ITAT-JAIPUR)
• Duration Of Justice: 5 month(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 17-09-2025
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: misc
• Appeal Filed On: 01-04-2025
• Other Referred Cases: DB Income Tax Appeal No. 119/2024
• Laws Referred To: Income Tax Act
• Court: TRIBUNAL
• Department Lawyers: GAURAV AWASTHI
• Assessee Lawyers: SHR G. M. MEHTA
• Keywords: Bogus

Judgement Text

"vk;dj vihyh; vf/kdj.k] t;iqj U;k;ihB] t;iqj IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES,”B-Bench” JAIPUR Jh xxu xks;y] ys[kk lnL; ,oa Jh ujsUn zdqekj] U;kf;d lnL; ds le{k BEFORE: SHRIGAGAN GOYAL, AM& SHRI NARINDER KUMAR, JM MA No. 27/JPR/2025 (Arising out of ITA No. 123/JPR/2024) fu/kZkj.k o\"kZ@AssessmentYear :1989-90 to 1999-2000 Lunawat Gems Corporation 2135-36, Lunawat Market, Darra, Holdion Ka Rasta, jaipur. cuke Vs. Dy. CIT, Circle-2, Jaipur. LFkk;hys[kk la-@thvkbZvkjla-@PAN/GIR No.: AAAFL9325M vihykFkhZ@Appellant izR;FkhZ@Respondent fu/kZkfjrh dh vksjls@Assesseeby :Shr G. M. Mehta, C.A. jktLo dh vksjls@Revenue by: Shri Gaurav Awasthi, JCIT lquokbZ dh rkjh[k@Date of Hearing :16/09/2025 mn?kks\"k.kk dh rkjh[k@Date of Pronouncement: 17/09/2025 vkns'k@ORDER PER: NARINDER KUMAR, JUDICIAL MEMBER . This order is to dispose of the above captioned Miscellaneous Application presented on 01.04.2025 on behalf of the assessee, with the prayer that the purchases, treated as bogus, may please be reconsidered u/s 254(2) of the Act. 2. Arguments heard. File perused. Printed from counselvise.com 2 MA No. 27/JPR/2025 Lunawat Gems Corporation, Jaipur. 3. Under section 254(2) of the Income Tax Act, the Appellate Tribunal may, at any time within 6 months from the end of the month in which the order was passed, with a view to rectifying any mistake apparent from the record, amend any order passed by it under sub-section (1). At the outset, it may be mentioned here when asked by the Bench to point out any mistake apparent from the record for the purposes of amendment of the order dated 21.5.2024, Ld. AR for the appellant - applicant has stated at the Bar that there is no mistake apparent from the record, as regards the order dated 21.05.2024, passed by Appellate Tribunal, while disposing of ITA No. 123/JPR/2024. In view of said submission, it can safely be said that this application under section 254(2) of the Act is not maintainable. 4. Ld. AR has however submitted that the appellant-applicant is before this Appellate Tribunal only in view of the directions contained in the order dated 11.03.2025 passed by the Hon’ble High Court in DB Income Tax Appeal No. 119/2024, preferred by the assessee before the Hon’ble High Court. 4. On the other hand, Ld. DR for the department challenged the very maintainability of this application, while referring to the order dated 11.03.2025, passed by the Hon’ble High Court in DB Income Tax Appeal Printed from counselvise.com 3 MA No. 27/JPR/2025 Lunawat Gems Corporation, Jaipur. No. 119/2024 filed by the assessee, and submitted that as per said order, the appellant simply withdrew the appeal preferred before the Hon’ble High Court, after having argued the appeal at length and ultimately having opted not to press the appeal. Learned DR has further submitted that Hon’ble High Court did not issue any direction to this Appellate Tribunal, and that in this regard, the submission put forth by Learned AR for the applicant is against record. Ld. DR has further submitted that even through the appellant prayed for liberty before the Hon’ble High Court to approach this Tribunal to raise a grievance, the miscellaneous application filed by the appellant before this Appellate Tribunal is not maintainable, when admittedly, there is no mistake apparent on the face of record, in the order dated 21.05.2024, passed by this Appellate Tribunal. 5. At this stage, order dated 11.02.2025, passed by our own Hon’ble High Court needs to be reproduced for ready reference. Same reads as under:- “Learned counsel for the appellant after arguing at length is not pressing the appeal with liberty to approach the Tribunal and raising a grievance that the documents substantiating the purchases were produced before it. The appeal is disposed of as not pressed with liberty as prayed for.” Printed from counselvise.com 4 MA No. 27/JPR/2025 Lunawat Gems Corporation, Jaipur. 6. As is available from the above order passed by Hon’ble High Court, Learned counsel for the appellant, after having argued the appeal there at length, opted not to press the appeal and sought liberty to approach the Tribunal so as to raise a grievance that the documents substantiating the purchases were produced before it. 7. It may be mentioned here that we have specifically and repeatedly enquired from Ld. AR for the appellant as to which of the documents were produced before this Appellate Tribunal so as to substantiate the purchases, and to point out if any of the documents, in respect of the purchases was not considered by the Tribunal. Ld. AR has not been able to point out any document that might not have been considered by this Tribunal while disposing of the appeal. As already mentioned at the outset, Ld. AR for the applicant has clearly stated at the Bar that the order dated 21.05.2024, passed by this Appellate Tribunal, does not suffer from any mistake apparent from the record. Learned AR for the applicant has reiterated that the applicant is before this Appellate Tribunal only because of the directions issued by the Hon’ble High Court. 8. As noticed above, the appeal filed by the assessee before the Hon’ble High Court was dismissed as not pressed with liberty as sought for Printed from counselvise.com 5 MA No. 27/JPR/2025 Lunawat Gems Corporation, Jaipur. on behalf of the appellant. It does not mean that Hon’ble High Court issued any direction to the assessee-appellant to raise any grievance before this Appellate Tribunal by filing of an application under section 254(2) of the Act. In the given situation, when Learned AR for the appellant has candidly stated at the Bar that the order dated 21.5.2024 passed by this Appellate Tribunal dismissing the appeal filed by the assessee does not suffer from any mistake apparent from record, said Miscellaneous Application No. 27/JPR/2025 deserves to be dismissed. We order accordingly. File be consigned to the record room after the needful is done by the office. Record of the Appeal be consigned to the record room. Order pronounced in the open court on 17/09/2025. Sd/- Sd/- ¼xxu xks;y½ ¼ujsUnz dqekj½ (GAGAN GOYAL) (NARINDER KUMAR) ys[kk lnL; @Accountant Member U;kf;d lnL;@Judicial Member Tk;iqj@Jaipur fnukad@Dated:- 17/09/2025 *Santosh vkns'k dh izfrfyfivxzsf’kr@Copy of the order forwarded to: 1. The Appellant- Lunawat Gems Corporation, Jaipur. 2. izR;FkhZ@ The Respondent- Dy.CIT, Circle-2, Jaipur. 3. vk;djvk;qDr@ Theld CIT 4. foHkkxh; izfrfuf/k] vk;djvihyh; vf/kdj.k] t;iqj@DR, ITAT, Jaipur Printed from counselvise.com 6 MA No. 27/JPR/2025 Lunawat Gems Corporation, Jaipur. 5. xkMZQkbZy@ Guard File MA No. 27/JPR/2025) vkns'kkuqlkj@ By order, lgk;diathdkj@Asstt. Registrar Printed from counselvise.com "