M/s. Vaibhav, Islampur V. ITO, Wd.-2, Sangli

MA 114/PUN/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 7082 (ITAT-PUNE)
• Duration Of Justice: 2 month(s) 5 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 29-08-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 06-07-2012
• Assessment Year: 1996-1997
• Appeal Filed On: 23-06-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B , PUNE BEFORE SHRI G.S. PANNU ACCOUNTANT MEMBER AND SHRI R.S. PADVEKAR, JUDICIAL MEMBER M.A. NO. 114/PN/2011 (ARISING OUT OF ITA NO. 1244/PN/2004) (ASSTT. YEAR : 1996-97) M/S VAIBHAV APPLICANT GANDHI CHOWK, ISLAMPUR PAN: AABFV1052E V. INCOME-TAX OFFICER RESPO NDENT WARD-2, SANGLI APPLICANT BY : SHRI M.K. KULKARNI RESPONDENT BY : SHRI ALOK MISHRA HEARD ON : 06/ 7/2012 PRONOUNCED ON : /8/2012 ORDER PER R.S. PADVEKAR, JM THIS MISCELLANEOUS APPLICATION IS FILED BY THE ASS ESSEE U/S. 254(2) OF THE ACT. IT IS STATED IN THE APPLICATION THAT A SSESSEES APPEAL WAS DECIDED ON 30.3.2011 (NOT ON 31.3.2001 AS STATED IN THE APPLICATION) DISMISSING THE ASSESSEES APPEAL. THE ASSESSEE REP RODUCED PARA NO.7 OF THE ORDER OF THE TRIBUNAL AND FURTHER STATES IN THE MISCELLANEOUS APPLICATION THAT THE TRIBUNAL HAS NOT CONSIDERED TH E DECISIONS OF THE CO- ORDINATE BENCHES IN THE FOLLOWING CASES : (A) M/S. HOTEL RADHIKA ITA/1120 TO 1124 DECIDED ON 27-2-2009 (B) M/S. BHARAT ENTERPRISES ITA 698/PN/98 DECIDED ON 27-9-2005 (C) M/S. AKSHAY MEDICALS ITA/973/PN/2004 DECIDED ON 16-4-2007 (D) M/S QUICK PICK SWEETS & DRYFRUITS ITA/1731/PN/04 DECIDED ON 30-11-2006 (E) RAJENDRAKUMAR SHANAKRRAO BUBNE ITA/107/PN/2004 DECIDED ON 28-7-2006 (F) M/S. SURVEY ENTERPRISES ITA/443/PN/2004 DECIDED ON 29-7-2005 (G) M/S. RAHUL TEXTILES ITA/444/PN/2004 DECIDED ON 29-7-2005 (H) M/S. BENDKE BROS. ITA/464/PN/2004 DECIDED ON 29-7-2005 M.A. NO 114/PN/2011 M/S. VAIBHAV A.Y.1996-97 PAGE OF 3 2 (I) M/S. ARADHANA DRESSES ITA/1275/PN/2003 DECIDED ON 29-10-2004 (J) BASAVRAJ KHOBRE ITA/687/PN/96 DECIDED ON 14-10-2003 (K) M/S. OBERAI CERAMICS ITA/736/PN/04 (L) THE RASTRIYA LEATHER WORKS ORDER DT. 23-6-2006 (M) M/S PRAKASH VASTU BHANDAR ITA/602/PN/2004 DECIDED 13-04-2006 2. IT IS PLEADED IN THE APPLICATION AS THE ABOVE DE CISIONS OF THE CO- ORDINATE BENCH HAVE NOT BEEN CONSIDERED BY THE TRI BUNAL, HENCE THE ORDER MAY BE RE-CALLED ON THE ISSUE OF ADDITION OF RS. 1,05,000/- IN RESPECT OF EXCESS STOCK FOUND DURING THE COURSE OF SURVEY. 3. WE HAVE HEARD THE PARTIES AND PERUSED THE RECORD IN THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSDEE. WE PUT THE QUERY TO THE LD COUNSEL WHETHER ANY OF THE DECISIONS WAS CIT ED AT THE TIME OF HEARING OF THE APPEAL, BUT HE EXPRESSED HIS INABILI TY TO STATE THAT ANY OF THE ABOVE DECISIONS WAS CITED AND RELIED ON AT THE TIME OF HEARING. AS NONE OF THE DECISIONS WAS CITED BY THE ASSESSEE AT THE TIME OF HEARING IN SUPPORT OF THE ISSUE, HENCE IT CANNOT BE SAID THAT THERE IS A MISTAKE IN THE ORDER OF THE TRIBUNAL WHICH CAN BE RECTIFIED U/S. 2 54(2) OF THE ACT. WE FIND NO MERIT IN THE M.A. FILED BY THE ASSESSEE. 4. IN THE RESULT, ASSESSEES MISCELLANEOUS APPLICAT ION IS DISMISSED. ORDER IS PRONOUNCED IN THE OPEN COURT ON 29 TH AUGUST 2012. SD/- SD/- ( G.S. PAN NU ) ACCOUNTANT MEMBER ( R.S. PADVEKAR ) JUDICIAL MEMBER PUNE, DATED THE 29TH AUGUST, 2012 US COPY OF THE ORDER IS FORWARDED TO : 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT, KOLHAPUR 4. THE CIT(A)- KOLHAPUR M.A. NO 114/PN/2011 M/S. VAIBHAV A.Y.1996-97 PAGE OF 3 3 5. THE D.R. ITAT B BENCH, PUNE 6. GUARD FILE /-TRUE COPY-/ BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL PUNE