Farrukhabad Investment India Ltd., Farrukhabad V. ACIT, Farrukhabad

MA 109/AGR/2008

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 5133 (ITAT-AGRA)
• Duration Of Justice: 1 year(s) 11 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 30-11-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 17-09-2010
• Assessment Year: 1997-1998
• Appeal Filed On: 11-12-2008
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, AGRA BENCH, AGRA BEFORE SHRI R.K. GUPTA, JUDICIAL MEMBER AND SHRI P.K. BANSAL, ACCOUNTANT MEMBER M.A. NO. 109/AGRA/2008 (IN ITA NO.207/AGRA/2005) ASSTT. YEAR : 1997-98 FARRUKHABAD INVESTMENT (INDIA) LTD., VS. A.C.I.T ., CIRCLE 2(1), C/O HOTEL HINDUSTAN, BARPUR, FARRUKHABAD. FARRUKHABAD. (PAN AACCT 0563 G) (APPELLANT) (RESPONDENT) FOR APPELLANT : SHRI ANURAG SINHA, ADVOCATE. FOR RESPONDENT : SHRI VINOD KUMAR, JR. D.R. ORDER PER P.K. BANSAL, A.M. : THIS MISCELLANEOUS APPLICATION HAS BEEN FILED BY T HE ASSESSEE AGAINST THE ORDER OF THIS TRIBUNAL DATED 29.08.2008. THE LEARNED AR VEHEMENTL Y CONTENDED THAT THE ASSESSEE HAS REQUESTED THE TRIBUNAL VIDE PETITION DATED 29.05.20 07 TO GRANT PERMISSION TO RAISE FOLLOWING ADDITIONAL GROUND OF APPEAL : BECAUSE THE ASSESSING OFFICER HAS ERRED IN DISALL OWING THE LOSS AND ESTIMATING THE INCOME AT NIL WITHOUT ANY MATERIAL ON RECORD. HOWEVER, THE TRIBUNAL NEITHER REJECTED THE APPLICAT ION TO RAISE ADDITIONAL GROUND NOR GRANTED THE APPLICATION OF THE ASSESSEE BUT DISPOSED OF THE APP EAL OF THE ASSESSEE. SINCE THE APPLICATION FOR TAKING ADDITION GROUND HAS NOT BEEN DISPOSED OF BY THE TRIBUNAL, THUS, THERE HAS BEEN A MISTAKE APPARENT ON RECORD IN THE ORDER OF TRIBUNAL DATED 2 9.08.2008, WHICH NEEDS TO BE RECTIFIED. 2. THE LEARNED DR, ON THE OTHER HAND, CONTENDED THA T WHEN THE ORDER HAS BEEN PASSED BY THE TRIBUNAL, IT IS DEEMED THAT THE APPLICATION FOR RAI SING THE ADDITIONAL GROUND HAS BEEN DISMISSED BY THE TRIBUNAL. 2 3. WE HAVE CAREFULLY CONSIDERED THE RIVAL SUBMISSIO NS AND PERUSED THE MATERIAL ON RECORD. . WE HAVE ALSO GONE THROUGH THE APPLICATION, WHICH HA S BEEN FILED BY THE ASSESSEE ON 29.05.2007 BEFORE THE REGISTRY AND THE ORDER OF THIS TRIBUNAL DATED 29.08.2008. WE NOTED THAT IN THIS APPLICATION, THE ASSESSEE HAS REQUESTED THE BENCH T O PERMIT IT TO RAISE THE FOLLOWING ADDITIONAL GROUND OF APPEAL : BECAUSE THE ASSESSING OFFICER HAS ERRED IN DISAL LOWING THE LOSS AND ESTIMATING THE INCOME AT NIL WITHOUT ANY MATERIAL ON RECORD. 4. WE NOTED THAT EVEN THOUGH THE TRIBUNAL HAS PASSE D THE ORDER DATED 29.08.2008 DISPOSING OF THE APPEAL OF THE ASSESSEE BUT DID NOT PASS ANY ORDER ON THE APPLICATION MOVED BY THE ASSESSEE FOR PERMISSION TO RAISE ADDITIONAL GROUND IN APPEAL . THE ORIGINAL APPLICATION, ALTHOUGH AVAILABLE ON FILE, BUT THE TRIBUNAL NEITHER ADMITTED THE APPL ICATION NOR DISMISSED THE SAME. THUS, IN OUR OPINION, THERE HAS BEEN A MISTAKE APPARENT ON RECOR D IN THE ORDER OF THIS TRIBUNAL DATED 29.08.2008. WE, THEREFORE, RECALL THE ORDER OF THIS TRIBUNAL DATED 29.08.2008 ONLY FOR THE PURPOSE OF DISPOSING OF THE APPLICATION OF THE ASSE SSEE FILED BY HIM BEFORE THE REGISTRY ON 29.05.2007 REQUESTING THE TRIBUNAL TO GRANT PERMISS ION TO THE ASSESSEE TO RAISE THE FOLLOWING ADDITIONAL GROUND: BECAUSE THE ASSESSING OFFICER HAS ERRED IN DISALL OWING THE LOSS AND ESTIMATING THE INCOME AT NIL WITHOUT ANY MATERIAL ON RECORD. 5. THUS, THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS ALLOWED. THE ORDER PRONOUNCED IN THE OPEN COURT ON 30.11.20 10. SD/- SD/- (R.K. GUPTA) (P.K. BANSAL) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 30 TH NOVEMBER, 2010 *AKS/- COPY OF THE ORDER FORWARDED TO : 1. APPELLANT 2. RESPONDENT 3. CIT(A) BY ORDER 4. CIT, CONCERNED 5. DR, ITAT, AGRA 6. GUARD FILE ASSISTANT REGISTRAR