ITO, SRIGANGANAGAR V. Shri Virendra Kumar Choudhary, SRIGANGANAGAR

MA 10/JODH/2010

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8712 (ITAT-JODHPUR)
• Duration Of Justice: 2 year(s) 5 month(s) 10 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-07-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 06-07-2012
• Assessment Year: 2000-2001
• Appeal Filed On: 27-01-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: G R KOKANI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL JODHPUR BENCH, JODHPUR BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI A.L. GEHLOT, ACCOUNTANT MEMBER MA NO.10/JU/2010 (IN ITA NO.574/JU/2007) ASSESSMENT YEAR: 2000-01 INCOME TAX OFFICER, VS. SHRI VIRENDER KUMAR CHAUD HARY, WARD 3, SRIGANGANAGAR. 175, OLD ABADI, SRIGANGANAGAR. (PAN: AESPC 2347 C). (APPELLANT) (RESPONDENT) APPELLANT BY : G.R. KOKANI, D.R. RESPONDENT BY : NONE DATE OF HEARING : 06.07.2012 DATE OF PRONOUNCEMENT OF ORDER : 06/07/2012 ORDER PER BHAVNESH SAINI, JUDICIAL MEMBER: INCOME-TAX OFFICER, WARD 3, SRIGANGANAGAR FILED THE PRESENT MISCELLANEOUS APPLICATION AGAINST THE ORDER OF TRIBUNAL DATED 27. 08.2008 PASSED IN ITA NO. 574/JU/2007 FOR THE ASSESSMENT YEAR 2000-01. IT IS SUBMITTED IN THE MISCELLANEOUS APPLICATION AS UNDER:- WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF T HE CASE THE HONBLE ITAT IS LEGALLY JUSTIFIED IN MENTIONING THE DATE O SALE OF 5000 SHARES AS 21.09.2001 AT THE ONE PLACE AND 21.01.200 1 AT ANOTHER PLACE, PARTICULARLY WHEN THESE DATES (21.09.2001 AN D 21.01.2001) FALL UNDER DIFFERENT ASSESSMENT YEARS. M.A. NO.10/JU/2010 . 2 IT IS REQUESTED TO GIVE A DIRECTION TO CONSIDER TH E COST OF INVESTMENT IN SHARES ON 14.06.2000 IN A.Y. 2001-02. 2. THE TRIBUNAL NOTED IN THE IMPUGNED ORDER THAT TH E TRANSACTIONS OF PURCHASE AND SALES OF SHARES BEING ON 14.06.2000 AND 21.09.2 001 ARE NOT FALLING WITHIN THE PERIOD UNDER CONSIDERATION, I.E., 2000-01 AND AS SU CH, THE TRIBUNAL HAS HELD THAT THESE TRANSACTIONS CANNOT BE CONSIDERED FOR THE A.Y . 2000-01. 3. NONE APPEARED ON BEHALF OF THE ASSESSEE DESPITE SERVICE OF NOTICE. THE LD. DR REFERRED TO MISCELLANEOUS APPLICATION WHEREBY TH E REVENUE DEPARTMENT HAS SOUGHT DIRECTION TO CONSIDER THE COST OF INVESTMENT IN SHARES ON 14.06.2000 FOR THE ASSESSMENT YEAR 2001-02. THE MISCELLANEOUS APPLICAT ION COULD BE FILED U/S. 254(2) TO POINT OUT IF THERE IS ANY MISTAKE APPARENT ON RE CORD OF THE TRIBUNAL. THE SCOPE OF SECTION 254(2) CANNOT BE EXTENDED TO THE EXTENT IN WHICH THE REVENUE IS SEEKING RELIEF IN THE PRESENT MISCELLANEOUS APPLICATION. FU RTHER THERE IS NO MATTER PENDING BEFORE THE TRIBUNAL AS REGARDS THE ASSESSMENT YEAR 2001-02. HONBLE DELHI HIGH COURT IN THE CASE OF MARUBENI INDIA P. LTD. VS. CIT , 328 ITR 306, HAS HELD THE JURISDICTION OF TRIBUNAL IS CONFINED TO THE PASSING OF ORDERS ON SUBJECT MATTER OF APPEAL. ACCORDINGLY, WE DO NOT FIND ANY MISTAKE APP ARENT ON RECORD AND AS SUCH, THE RELIEF WHICH IS ASKED FOR BY THE REVENUE CANNOT BE CONSIDERED IN VIEW OF THE DECISION OF HONBLE DELHI HIGH COURT (SUPRA). M.A. NO.10/JU/2010 . 3 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 06.07.2012. SD/- SD/- (A.L. GEHLOT) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER AKS/* COPY OF THE ORDER FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT (APPEALS) CONCERNED 4. CIT CONCERNED 5. D.R., ITAT, JODHPUR BENCH, JODHPUR 6. GUARD FILE. BY ORDER ASSISTANT REGISTRAR INCOME-TAX APPELLAT E TRIBUNAL, JODHPUR TRUE COPY