M/s.Anchorage Shipping, Cochin V. The DCIT, Cochin

MA 118/COCH/2014

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 3860 (ITAT-COCHIN)
• Duration Of Justice: 1 year(s) 2 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 29-01-2016
• Appeal Filed By: Assessee
• Bench Allotted: DB
• Next Hearing Date: 29-01-2016
• Assessment Year: 2006-2007
• Appeal Filed On: 25-11-2014
• Court: TRIBUNAL
• Department Lawyers: K P GOPAKUMAR
• Assessee Lawyers: C B M WARRIER

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH C OCHIN BEFORE S/SHRI B.P. JAIN, AM AND GEORGE GEOR GE K., JM M.P. NO. 118/COCH/2014 (ARSG. OUT OF I.T.A. NO.87/COCH/2014) ASSESSMENT YEAR : 2006-07 M/S. ANCHORAGE SHIPPING, 37, 1491 A1, OFF KUMARANASAN ROAD, NETHAJI NAGAR, ERNAKULAM, KOCHI-682 020. [PAN :AADFA 8603L] VS. THE DEPUTY COMMISSIONER OF INCOME-TAX,CIRCLE-1, MATTANCHERRY. (ASSESSEE -APPELLANT) (REVENUE-RESPONDENT) ASSESSEE BY SHRI C.B.M. WARRIER, CA REVENUE BY SHRI K.P. GOPAKUMAR, SR. DR DATE OF HEARING 29/01/2016 DATE OF PRONOUNCEMENT 29/01/2016 O R D E R PER B.P. JAIN, AM THIS MISCELLANEOUS PETITION ARISES FROM THE IT AT ORDER IN I.T.A. NO. 87/COCH/2014 DATED 31-07-2014. 2. THE LD. COUNSEL FOR THE ASSESSEE HAS FILED THE M ISCELLANEOUS PETITION WHICH IS REPRODUCED HEREINBELOW:- 1. THE APPELLANT RECEIVED THE APPELLATE ORDER DATE D 31.07.2014 AND SUBMIT THAT THE PARA 15 PAGE NO. 9 OF THE APPELLATE ORDER IS A MISTAKE WHICH THE APPELLANT REQUEST TO RECTIFY THE SAME. M.P. NO.118/COCH/2014 2 2. THE ISSUE IN THE APPEAL AS NARRATED IN PARA 2 O F THE APPELLATE ORDER IS THAT THE ASSESSMENT OF RS.37,18,870/- IS NOT JUSTIF IED U/S. 41(1) OF THE ACT. 3. THE APPELLANT SUBMITTED WITH REFERENCE TO PAPER BOOK PAGE NO. 1 THAT THE LIABILITY IS DISCHARGED AND THE APPELLANT HAS N OT RECEIVED ANY WAIVER OF SUCH LIABILITY. 4. THE HONBLE BENCH AS PER PARA 14 OF THE APPELLA TE ORDER IT IS DECIDED THAT THE PROVISION OF SECTION 41(1) IS NOT APPLICAB LE. THE ASSESSMENT OF RS.37,18,870/- IS WRONG SINCE THE HONBLE BENCH HAS CONCLUDED AS PER PARA 14 THAT THE PROVISIONS OF SECTION 41(1) IS NOT APPL ICABLE. 5. AS A RESULT THE DECISION SHOULD HAVE BEEN IN FA VOUR OF THE APPELLANT BUT UNFORTUNATELY THE APPEAL IS DISMISSED AS PER PARA 1 5 BY A MISTAKE WHICH MAY BE RECTIFIED IN VIEW OF THE DECISION IN PARA 14 OF THE APPELLATE ORDER. 3. THE LD. COUNSEL FOR THE ASSESSEE, SHRI C.B.M. WARRIER, CA ARGUED THAT WITH REGARD TO PARAS 14 AND 15 OF THE APPELLATE ORDER IN I.T.A. NO. 87/COCH/2014 DATED 31/07/2014, THE CASE SHOULD HAVE BEEN DECIDED IN HIS FAVOUR BUT UNFORTUNATELY, THE CASE WAS DECIDED AGAINST THE ASS ESSEE AND THIS IS A MISTAKE APPARENT FROM RECORD. 4. THE LD. DR OPPOSED THE MISCELLANEOUS PETITION FILED BY THE ASSESSEE AND ACCORDINGLY, PRAYED TO DISMISS THE SAME. 5. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUS ED THE FACTS OF THE CASE. THE LD. COUNSEL FOR THE ASSESSEE, SHRI C.B.M. WARRIER, CA HAS NOT BEEN ABLE TO POINT OUT ANY MISTAKE APPARENT FROM RECORD IN OUR ORDER I N I.T.A. NO.87/COCH/2014 DATED 31/07/2014 AND THE APPLICATION AS WELL AS THE ARGUMENTS MADE BY THE LD. M.P. NO.118/COCH/2014 3 COUNSEL FOR THE ASSESSEE TANTAMOUNTS TO GETTING OUR ORDER DATED 31/07/2014 REVIEWED UNDER THE GARB OF MISCELLANEOUS PETITION U /S. 254(2) OF THE ACT WHICH IS NOT PERMITTED. ACCORDINGLY, THE MISCELLANEOUS APPL ICATION FILED BY THE ASSESSEE IS REJECTED. 6. IN THE RESULT, THE MISCELLANEOUS PETITION FILED BY THE ASSESSEE IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON 29-01-2016. SD/- SD/- (GEORGE GEORGE K.) (B.P. JAIN) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE: KOCHI DATED: 29 TH JANUARY, 2016 GJ COPY TO: 1. M/S. ANCHORAGE SHIPPING, 37, 1491 A1, OFF KUMARA NASAN ROAD, NETHAJI NAGAR, ERNAKULAM, KOCHI-682 020. 2.THE DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-1, MATTANCHERRY. 3.THE COMMISSIONER OF INCOME-TAX(APPEALS)-II, KOCHI . 4.THE COMMISSIONER OF INCOME-TAX, KOCHI. 5. D.R., I.T.A.T.,COCHIN. 6. GUARD FILE. BY ORDER (ASSISTANT REGISTRAR) I.T.A.T., COC HIN