Prathibha Jewellery House, Bangalore V. Deputy Commissioner of Income tax, Bangalore

MA 1/BANG/2015

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 2680 (ITAT-BANGALORE)
• Duration Of Justice: 22 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 23-01-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 01-01-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PATANJALI
• Assessee Lawyers: V SRINIVASAN
• Section: 143(3); 153A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : BANGALORE BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI ABRAHAM P GEORGE , ACCOUNTANT MEMBER MISC.PETN.NO.1/BANG/2015 (IN ITA NO. 585 / BANG/20 1 4 ) (ASSESSMENT YEAR: 2011 - 12 ) M/S.PRATHIBHA JEWE LLERY HOUSE, 1/1, RAJA RAM MOHAN ROY ROAD, RICHMOND CIRCLE, BANGALORE - 560025. PETITIONER PAN: AABFP1771G VS. DEPUTY COMMISSIONER OF INCOME - TAX, CENTRAL CIRCLE 1(4), BANGALORE. RESPONDENT PETITIONER BY: SHRI V.SRINIVASAN, CA. RESPONDENT BY: SHRI PATANJALI, CIT(DR). DATE OF HEARING : 23 / 0 1 /201 5 . DATE OF PRONOUNCEMENT: 23 / 1 / 2015 . O R D E R PER SMT. P.MADHAVI DEVI, JM: THIS MISCELLANEOUS PETITION IS FILED BY THE ASSESSEE SEEKING RECALL OF THE ORDER OF THE TRIB UNAL IN ITA NO.585/BANG/2014 IN THE COMBINED ORDER DATED 21/11/2014 FOR ASSESSMENT YEARS 2005 - 06 TO 2011 - 12. IT IS SUBMITTED BY THE LEARNED COUNSEL FOR ASSESSEE THAT IN ALL THE ASSESSMENT YEARS FROM 2005 - 06 TO 201 0 - 11 THERE WAS A COMMON GROUND RAISED BY THE ASSESSEE MP NO.1/BANG/2015 M/S.PRATIBHA JEWELLERY HOUSE. PAGE 2 OF 3 CHALLENGING THE VALIDITY OF SEARCH AND ASSUMPTION OF JURISDICTION U/S 153A OF THE INCOME - TAX ACT, 1961[HEREINAFTER REFERRED TO AS 'THE ACT']. WHILE , FOR THE ASSESSMENT YEAR 2011 - 12 IT WAS A REGULAR ASSESSMENT U/S 143(3) AND NOT ASSESSMENT MA DE U/S 153A OF THE ACT AND GROUNDS RAISED WERE AGAINST THE ADDITIONS MADE DURING THE ASSESSMENT . IT WAS FURTHER SUBMITTED THAT THE TRIBUNAL, WHILE DISPOSING OF THE GROUP OF APPEALS FOR THE ASSESSMENT YEARS 2005 - 06 TO 2011 - 12, HAD DISPOSED OF THE APPEAL FO R ASSESSMENT YEAR 2011 - 12 ALSO BY REMANDING THE MATTER TO THE CIT(A) TO ADJUDICATE THE GROUND ABOUT VALIDITY OF THE ASSESSMENT PROCEEDINGS U/S 153A OF THE ACT WITHOUT CONSIDERING THE FACT THAT THE SAID GROUND OF APPEAL DID NOT ARIS E IN THE ASSESSMENT YEAR 2011 - 12. THUS, ACCORDING TO THE LEARNED COUNSEL FOR THE ASSESSEE, THERE IS A MISTAKE APPARENT FROM THE FACE OF THE RECORD REQUIRING RECTIFICATION. THE LEARNED DEPARTMENTAL REPRESENTATIVE ALSO CONFIRMED THE SAME. 2. HAVING REGARD TO THE RIVAL CO NTENTIONS AND THE MATERIAL ON RECORD AND ALSO ON FURTHER PERUSAL OF THE GROUNDS OF APPEAL RAISED BY THE ASSESSEE IN ITA NO.585/BANG/2014 FOR THE ASSESSMENT YEAR 2011 - 12, WE FIND THAT THESE GROUNDS ARE AGAINST THE ADDITIONS MADE IN THE ASSESSMENT COMPLETED U/S 143(3) AND NOT AGAINST THE VALIDITY OF THE PROCEEDINGS U/S 153A OF THE ACT. THEREFORE, WE ARE SATISFIED THAT THERE IS A MISTAKE APPARENT FROM ORDER OF THE TRIBUNAL WHICH NEEDS RECTIFICATION. MP NO.1/BANG/2015 M/S.PRATIBHA JEWELLERY HOUSE. PAGE 3 OF 3 ACCORDINGLY, WE RECALL THE ORDER OF THE TRIBUNAL ONLY IN IT A NO.585/BANG/2014 DATED 21/11/2014 AND DIRECT THE REGISTRY TO FIX THE APPEAL FOR HEARING IN REGULAR COURSE. 3. IN THE RESULT, THE MISCELLANEOUS PETITION IS ALLOWED. PRONOUNCED IN THE OPEN COURT ON 23 RD JANUARY, 2015 . SD/ - SD/ - (ABRAHAM P GEORGE) (SMT. P.MADHAVI DEVI) ACCOUNTANT MEMBER JUDICIAL MEMBER EKSRINIVASULU COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME - TAX APPELLATE T RIBUNAL BANGALORE.