UDASEE STAMPING PVT. LTD., Jaipur V. DCIT, CIRCLE-7, Jaipur

MA 121/JPR/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 7249 (ITAT-JAIPUR)
• Duration Of Justice: 7 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 23-04-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 06-09-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: J C KULHARI
• Section: 37(1)

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHE S, JAIPUR JH FOT; IKY JKO] U;KF;D LNL; ,OA JH FOE FLAG ;KNO] YS[KK LNL; DS LE{K BEFORE: SHRI VIJAY PAL RAO, JM & SHRI VIKRAM SINGH YADAV, AM VK;DJ VIHY LA-@ MA NO.121/JP/2018 (ARISING OUT OF ITA NO. 12/JP/2017) FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2012-13 M/S UDASEE STAMPING PVT. LTD. G-139, UDHYOG VIHAR, JETPURA INDUSTRIAL AREA, JAIPUR. CUKE VS. THE DCIT, CIRCLE-7, JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO.: AAACU 2035 Q VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ L S@ ASSESSEE BY : SHRI RAJEEV SOGANI (C.A.) JKTLO DH VKSJ LS @ REVENUE BY : SHRI J. C. KULHARI (JCIT) LQUOKBZ DH RKJH[ K@ DATE OF HEARING : 25/01/2019 MN?KKS'K.KK DH RKJH[ K@ DATE OF PRONOUNCEMENT: 23/04/2019 VKNS'K@ ORDER PER: VIKRAM SINGH YADAV, A.M. THE PRESENT MISCELLANEOUS APPLICATION HAS BEEN FILE D BY THE ASSESSEE AGAINST THE ORDER PASSED BY THE BENCH IN ITA NO. 12 /JP/2017 DATED 30.07.2018. 2. IN ITS MISCELLANEOUS APPLICATION, THE ASSESSEE H AS REQUESTED TO RECTIFY THE MISTAKE U/S 254(2) OF THE ACT WITH FOLL OWING PRAYER: M.A. NO. 121/JP/2018 M/S UDASEE STAMPING PVT. LTD. VS. DCIT 2 1. THAT THE ABOVE APPEAL WAS FILED BY THE REVENUE, AGA INST THE ORDER OF LD. CIT (A) - V, JAIPUR, DATED 27.10.2016, IN APPEAL NO. 79/15- 16. THE APPEAL WAS DECIDED BY THE HONBLE BENCH, VIDE ORDER DATED 30.07.2018, IN ITA NO. 12/JP/2017. 2. IN THE DEPARTMENTAL APPEAL, THE DEPARTMENT HAD R AISED FOLLOWING GROUNDS, BEING GROUND NO. (II) AND (V) OF THEIR AP PEAL:- (II) ON THE FACTS AND IN CIRCUMSTANCES OF THE CASE , THE CIT(A) HAS ERRED IN DELETING ADDITION OF RS. 23,72,230/- MADE BY THE AO BY APPLYING GP RATE OF 5% IN RESPECT OF TRADING WITH M /S REGAL TRANSCORE LAMINATIONS PVT. LTD AS AGAINST 2.36% APP LIED BY THE AO THOUGH HE HAS UPHELD REJECTION BOOKS OF ACCOUNTS U/ S 145(3). (V) ON THE FACTS AND IN THE CIRCUMSTANCES OF THE C ASE, THE CIT(A) HAS ERRED IN DELETING ADDITION OF RS. 58,28,554/- B EING CLAIM OF FOREIGN EXCHANGE LOSS. 3. GROUND NO. (II) IS ADJUDICATED BY THE HONBLE BE NCH IN PARA 8.1 AND 8.2 AT PAGES 20-21 OF THE ORDER. 4. THE SUMMARIZED POSITION OF THE ISSUES INVOLVED I N THIS GROUND OF APPEAL, FINDING OF LD. CIT(A) AND ALSO THE FINDING OF HONBLE BENCH IS AS UNDER:- S. NO. ISSUE CIT(A) FINDING ITAT FINDING 1 APPLICABILITY OF CONCEPT OF ALP INVOKED BY LD. AO NOT APPLICABLE FOR THE ASSESSMENT YEAR UNDER APPEAL. APPLICABLE ONLY NOT APPLICABLE FOR THE ASSESSMENT YEAR UNDER APPEAL. APPLICABLE ONLY M.A. NO. 121/JP/2018 M/S UDASEE STAMPING PVT. LTD. VS. DCIT 3 FROM AY 2013-14 [PAGES 8- 9 PARA 3.9 BEING REPRODUCED IN ITAT ORDER] FROM AY 2013-14 [PAGE 21 PARA 8.2] 2 APPLICABILITY OF SEC 40A(2) IN RESPECT OF INCOME/ SALE - INVOKED BY AO NOT APPLICABLE. IT IS APPLICABLE FOR EXPENSES ONLY AND NOT ON INCOME. [PAGES 8- 9 PARA 3.9 BEING REPRODUCED IN ITAT ORDER] NOT APPLICABLE. IT IS APPLICABLE FOR EXPENSES ONLY AND NOT ON INCOME. [PAGE 21 PARA 8.2] 3 ADDITION MADE BY LD. AO WHETHER REVENUE NEUTRAL YES. SUPREME COURT JUDGMENT IN GALAXO SMITHKLINE ASIA (P) LTD. [2010] 236 CTR 113 (SC) FOLLOWED. [PAGES 8- 9 PARA 3.9 BEING REPRODUCED IN ITAT ORDER] YES. SUPREME COURT JUDGEMENT IN GALAXO SMITHKLINE ASIA (P) LTD. [2010] 236 CTR 113 (SC) FOLLOWED. FURTHER FOLLOWING DECISION OF JAIPUR BENCH FOLLOWED:- KOTHARI JEWELS P. LTD (ITA NO. 455/JP/2015 DATED 4.4.2018) [PAGE 21 PARA 8.2] 4 ANY TAX AVOIDANCE NO NO M.A. NO. 121/JP/2018 M/S UDASEE STAMPING PVT. LTD. VS. DCIT 4 MOTIVE ESTABLISHED [PAGES 8- 9 PARA 3.9 BEING REPRODUCED IN ITAT ORDER] [PAGE 21 PARA 8.2] 5. HAVING UPHELD THE ORDER OF THE LD. CIT(A) ON ALL THE COUNTS, THE HONBLE ITAT FURTHER HELD AS UNDER:- WE DO NOT FEEL THAT THERE IS ANY INFIRMITY OR A NE CESSITY TO INTERFERE WITH HIS FINDINGS AND ARE THUS IN AGREEMENT WITH TH E FINDINGS OF THE LD CIT(A) EXCEPT FOR THE LIMITED EXTENT THAT WHERE COM PARING PAST RESULTS, THE G.P. RATE SHOULD FACTOR-IN FOREX LOSS AS DISCUSSED IN PARA 14 BELOW. 6. PARA 14 AT PAGE 27 OF THE ORDER ADJUDICATING GRO UND NO. (V) READS AS UNDER:- 14. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSE D THE MATERIAL AVAILABLE ON RECORD. IN THIS CASE, WE FIND THAT THE AO HAS ESTABLISHED THE DIRECT LINKAGE BETWEEN THE TRADING TRANSACTIONS AND THE INCURRENCE OF FOREX LOSS ON GOODS SO IMPORTED WHICH HAVE BEEN SUBSEQUENTLY SOLD. THIS EXPENDITURE IN NATURE OF FO REX LOSS IS THUS RELATABLE TO TRADING TRANSACTIONS WITH ITS SISTER C ONCERN AND THE SAME SHOULD BE CLAIMED WHILE DETERMINING THE TRADING RES ULTS OF THE ASSESSEE. AT THE SAME TIME, WHERE THE ASSESSEE HAS DECIDED TO BEAR THE SAID EXPENDITURE AND NOT PASS ON THE SAME TO THE SISTER CONCERN SEPARATELY, THE TRADING MARGINS SHOULD BE S UFFICIENT ENOUGH TO FACTOR-IN THIS KIND OF EXPENDITURE AND SUCH TRAD ING MARGINS SHOULD BE COMPARABLE WITH ASSESSEES PAST HISTORY WHEREIN SUCH FOREX LOSSES HAVE BEEN INCURRED. THEREFORE, OUR FINDING I N PARA 8.2 ABOVE IS SUBJECT TO THE FACT THAT THE G.P RATE WHEN COMPA RED WITH THE PAST HISTORY OF THE ASSESSEE, THE SAID G.P RATE SHOULD F ACTOR-IN SUCH FOREX LOSSES. IN THE RESULT, THERE IS NO NEED FOR A SEPAR ATE ADDITION ON ACCOUNT OF FOREX LOSS AND THE SAME IS HEREBY DELETE D. IN THE RESULT, GROUND NO. 5 OF THE REVENUES APPEAL IS DISMISSED. M.A. NO. 121/JP/2018 M/S UDASEE STAMPING PVT. LTD. VS. DCIT 5 7. HAVING HELD THAT THE ADDITION, IF AT ALL IS UPHE LD, WOULD BE REVENUE NEUTRAL AND ALSO THAT THE CONCEPT OF ALP IS APPLICA BLE ONLY FROM AY 13- 14, THE ABOVE FINDING IS CONTRADICTORY. 8. ANY CONTRADICTION IN THE ORDER IS A MISTAKE APPA RENT ON RECORD DESERVING RECTIFICATION OF THE SAME BY RECALLING TH E ORDER. 9. THE ABOVE FINDING OF THE HONBLE ITAT IS CONTRAD ICTORY TO THE ORDER OF HONBLE SUPREME COURT IN THE CASE OF GALAX O SMITHKLINE ASIA (P) LTD. [2010] 236 CTR 113 (SC) DEALT WITH AND FOL LOWED BY THE HONBLE ITAT IN ITS PRESENT ORDER. NOT PROPERLY FOLLOWING T HE SUPREME COURT JUDGMENT IS A MISTAKE APPARENT ON RECORD REQUIRING RECTIFICATION BY RECALLING THE ORDER. 10.1 NEEDLESS TO MENTION THAT, AS PER WELL ESTABLIS HED AND UNIVERSALLY ACCEPTED PRINCIPLES, FOREX GAIN/ LOSS, EVEN IF RELA TED TO IMPORT/ EXPORT, IS NEVER A PART OF TRADING RESULTS. 10.2 HONBLE SUPREME COURT IN WOODWARD GOVERNOR IND IA (P.) LTD. [2009] 312 ITR 254 (SC) AT PARA 19 HELD AS UNDER:- 19. A COMPANY IMPORTS RAW MATERIAL WORTH US $ 250, 000 ON 15-1- 2002 WHEN THE EXCHANGE RATE WAS RS. 46 PER US $. TH E COMPANY RECORDS THE TRANSACTION AT THAT RATE. THE PAYMENT F OR THE IMPORTS IS MADE ON 15-4-2002 WHEN THE EXCHANGE RATE IS RS. 49 PER US $. HOWEVER, ON THE BALANCE SHEET DATE, 31-3-2002, THE RATE OF EXCHANGE IS RS. 50 PER US $. IN SUCH A CASE, IN TER MS OF AS 11, THE EFFECT OF THE EXCHANGE DIFFERENCE HAS TO BE TAKEN I NTO P&L ACCOUNT. SUNDRY CREDITORS IS A MONETARY ITEM AND HENCE SUCH ITEM HAS TO BE VALUED AT THE CLOSING RATE, I.E., RS. 50 AT 31-3-20 02, IRRESPECTIVE OF THE PAYMENT FOR THE SALE SUBSEQUENTLY AT A LOWER RA TE. THE DIFFERENCE OF RS. 4 (50-46) PER US $ IS TO BE SHOWN AS AN EXCH ANGE LOSS IN THE P&L ACCOUNT AND IS NOT TO BE ADJUSTED AGAINST THE C OST OF RAW MATERIALS. 10.3 HOLDING THE FOREIGN CURRENCY LOSS/ GAIN TO BE THE PART OF TRADING RESULTS IS VIOLATIVE OF SUPREME COURT DECISION IN T HE CASE OF WOODWARD GOVERNER (SUPRA), WHICH IS A MISTAKE APPARENT REQUIRING RECTIFICATIO N BY RECALLING THE ORDER. M.A. NO. 121/JP/2018 M/S UDASEE STAMPING PVT. LTD. VS. DCIT 6 3. THE LD DR IS HEARD WHO HAS RELIED ON THE FINDIN GS OF THE TRIBUNAL AND SUBMITTED THAT THERE IS NO MISTAKE WHICH IS APPARENT FROM TH E SAID ORDER AND THUS, NO INTERFERENCE IS CALLED FOR AND T HE MISC. APPLICATION SO FILED BY THE ASSESSEE COMPANY SHOULD BE REJECTED. 4. WE HAVE HEARD THE RIVAL CONTENTIONS AND CAREFULL Y PURSUED THE ORDER PASSED BY THE BENCH. IN GROUND NO. (II), THE REVENUE HAS CHALLENGED THE DELETION OF TRADING ADDITION OF RS 2 3,72,270 MADE BY THE AO BY APPLYING G.P RATE OF 5% AS AGAINST 2.36% DECL ARED BY THE ASSESSEE. WHILE DISPOSING OFF THE SAID GROUND, THE BENCH IN PARA 8.1 & 8.2 HAS HELD AS UNDER: 8.1 REGARDING TRADING TRANSACTIONS WITH ITS SISTER CONCERN, M/S REGAL TRANSCORE LAMINATIONS PVT LTD, THE AO HAS EST IMATED G.P RATE OF 5% ON DECLARED TURNOVER OF RS 8,98,51,972 A S AGAINST G.P RATE OF 2.36% DECLARED BY THE ASSESSEE. THE RE ASON FOR DISREGARDING THE G.P RATE SO DECLARED BY THE ASSESS EE WAS THAT IN OPINION OF THE AO, EVEN THOUGH THERE IS CORRELAT ION BETWEEN EACH IMPORT AND SUBSEQUENT SALE TO THE SISTER CONCE RN, THE PROFIT MARGINS VARIES IN EACH TRANSACTION. THE AO FURTHER STATES THAT THE SALE PRICE WAS FIXED AT WILL WITHOUT APPLY ING BUSINESS PRUDENCE AND THE CONCEPT OF ARMS LENGTH PRICING HA S NOT BEEN FOLLOWED. IN OUR VIEW, WHERE THE AO WANTED TO CHAL LENGE THE BUSINESS PRUDENCE OF THE ASSESSEE AND THE ARMS LEN GTH PRICE CHARGED, HE HAS TO BRING ON RECORD SIMILAR TRANSACT IONS CONTAINING SIMILAR OR IDENTICAL NATURE OF GOODS WER E PURCHASED AND SOLD AT VARYING MARGINS DURING THE SAME SPAN OF TIME WITH THE IDENTICAL CONCERNS. HOWEVER, NOTHING HAS BEEN BROUGHT ON RECORD TO CHALLENGE THE PRICING ADOPTED BY THE M.A. NO. 121/JP/2018 M/S UDASEE STAMPING PVT. LTD. VS. DCIT 7 ASSESSEE EXCEPT FOR THE FOREX LOSS ON IMPORTS WHICH WE HAVE DISCUSSED IN DETAIL IN PARA 14 BELOW. THE DECISION IN CASE OF KOTHARI JEWELS (SUPRA) SUPPORTS THE CASE OF THE ASSESSEE. THERE IS FURTHER NOTHING ON RECORD WHICH ESTABLISHES THAT THE ASSESSEE HAS RECEIVED ANY SALE CONSIDERATI ON OVER AND ABOVE WHICH HAS BEEN REPORTED IN THE FINANCIAL STAT EMENTS. 8.2 THE LD CIT(A) HAS RETURNED A FINDING THAT THE DISCLOSED GP IN THIS SEGMENT IS HIGHER AS COMPARED TO THE PREVIOUS 2 YEARS. FURTHER, THE CONCEPT OF DETERMINING ALP IN RESPECT OF SALES MADE TO A RELATED PARTY HAS ONLY BEEN INTRODUCED WITH EFFECT FROM A.Y.2013-14 IN RES PECT OF DOMESTIC TRANSACTIONS AND WERE NOT APPLICABLE TO TH E YEAR UNDER CONSIDERATION. THUS THE ENHANCEMENT OF GP W.R .T. SALES TO ASSOCIATED CONCERN BEING DOMESTIC CONCERN IS NOT TENABLE. MOREOVER THERE IS NO AUTHORITY U/S 40A(2) FOR MAKING ADJUSTMENTS IN RESPECT OF INCOME/ SALES SINC E THE SAID SECTION APPLIES ONLY FOR EXPENSES/ PURCHASES W HICH IS NOT THE CASE HERE. MOREOVER, THE TRANSACTIONS WITH THE SISTER CONCERNS ARE REVENUE NEUTRAL SINCE THERE IS NO TAX ARBITRAGE INVOLVED IN THE ALLEGED UNDER INVOICING OF SALES TO THE SISTER CONCERN SINCE BOTH ARE BEING TAXED AT THE SAME RATE . THE AO HAS ALSO NOT ESTABLISHED ANY TAX AVOIDANCE MOTIVE. ACCORDINGLY, HE HAS DELETED THE TRADING ADDITION OF RS. 23,72,230/- IN THE CRGO TRADING SEGMENT. WE DONOT FEEL THAT THERE IS ANY INFIRMITY OR A NECESSITY TO INTER FERE WITH HIS FINDINGS AND ARE THUS IN AGREEMENT WITH TH E FINDINGS OF THE LD CIT(A) EXCEPT FOR THE LIMITED EX TENT THAT WHERE COMPARING PAST RESULTS, THE G.P RATE M.A. NO. 121/JP/2018 M/S UDASEE STAMPING PVT. LTD. VS. DCIT 8 SHOULD FACTOR-IN FOREX LOSS AS DISCUSSED IN PARA 14 BELOW. IN THE RESULT, WE SET-ASIDE THE MATTER TO THE FILE OF THE AO TO THE LIMITED EXTENT OF DETERMINING THE PAS T G.P RATE FOR PREVIOUS TWO YEARS AND WHETHER THE SAME FACTOR- IN THE FOREX LOSS DIRECTLY RELATED TO THE PURCHASES MADE B Y THE ASSESSEE AND SUBSEQUENTLY SOLD TO M/S REGAL TRRANSC ORE AND WHERE THE G.P RATE SO DETERMINED IS COMPARABLE TO T HE CURRENT YEAR DECLARED G.P RATE, THE ADDITION SO MAD E IS DIRECTED TO BE DELETED. IN THE RESULT, GROUND NO. 2 IS ALLOWED FOR STATISTICAL PURPOSES. 5. IN PARA 14 WHILE DISPOSING OFF GROUND NO.(V) REL ATING TO DELETION OF FOREX LOSS OF RS 58,28,554, THE BENCH HAS HELD AS U NDER: 14. WE HAVE HEARD THE RIVAL CONTENTIONS AND PURUS ED THE MATERIAL AVAILABLE ON RECORD. IN THIS CASE, WE FIN D THAT THE AO HAS ESTABLISHED THE DIRECT LINKAGE BETWEEN THE TRAD ING TRANSACTIONS AND THE INCURRENCE OF FOREX LOSS ON GO ODS SO IMPORTED WHICH HAVE BEEN SUBSEQUENTLY SOLD. THIS E XPENDITURE IN NATURE OF FOREX LOSS IS THUS RELATABLE TO TRADIN G TRANSACTIONS WITH ITS SISTER CONCERN AND THE SAME SHOULD BE CLAI MED WHILE DETERMINING THE TRADING RESULTS OF THE ASSESSEE. A T THE SAME TIME, WHERE THE ASSESSEE HAS DECIDED TO BEAR THE SAID EXPENDITURE AND NOT PASS ON THE SAME TO THE SISTER CONCERN SEPARATELY, THE TRADING MARGINS SHOULD BE SUFFICIENT ENOUGH TO FACTOR-IN THIS KIND OF EXPENDI TURE AND SUCH TRADING MARGINS SHOULD BE COMPARABLE WITH THE ASSESSEES PAST HISTORY WHEREIN SUCH FOREX LOSS ES HAVE BEEN INCURRED. THEREFORE, OUR FINDING IN PARA 8.2 M.A. NO. 121/JP/2018 M/S UDASEE STAMPING PVT. LTD. VS. DCIT 9 ABOVE IS SUBJECT TO THE FACT THAT THE G.P RATE WHEN COMPARED WITH THE PAST HISTORY OF THE ASSESSEE, THE SAID G.P RATE SHOULD FACTOR-IN SUCH FOREX LOSSES. IN TH E RESULT, THERE IS NO NEED FOR A SEPARATE ADDITION ON ACCOUNT OF FOREX LOSS AND THE SAME IS HEREBY DELETE D. IN THE RESULT, GROUND NO. 5 OF THE REVENUES APPEAL IS DISMISSED. 6. THE BENCH HAS THUS GIVEN A FINDING OF FACT THAT THE AO HAS ESTABLISHED THE DIRECT LINKAGE BETWEEN THE TRADING TRANSACTIONS AND THE INCURRENCE OF FOREX LOSS ON GOODS SO IMPORTED W HICH HAVE BEEN SUBSEQUENTLY SOLD AND GIVEN THAT THE ASSESSEE HAS N OT PASSED ON THE FOREX LOSSES TO ITS SISTER CONCERN SEPARATELY, THE TRADING MARGINS SHOULD BE SUFFICIENT ENOUGH TO FACTOR-IN THIS KIND OF EXPENDITURE AND SUCH TRADING MARGINS SHOULD BE COMPARABLE WITH THE ASSESSEES PAST TRADING HISTORY WHEREIN SUCH FOREX LOSSES HAVE BEEN INCURRED. THEREFORE, THE BENCH WHILE DISPOSING OFF GROUND NO (II) HAS HELD THAT WHERE COMPARING PAST RESULTS, THE G.P RATE SHOULD F ACTOR-IN FOREX LOSS RELATING TO SIMILAR TRANSACTIONS IN THE PAST YEARS AND WHERE THE G.P RATE IS COMPARABLE, NO ADDITION SHOULD BE MADE; AND WHILE DISPOSING GROUND NO. (V), THE SEPARATE ADDITION TOWARDS FOREX LOSSES WAS CORRESPONDINGLY DIRECTED TO BE DELETED. WE THUS FI ND THAT THE FINDINGS OF THE TRIBUNAL WHILE DISPOSING OFF THESE TWO GROUNDS OF APPEAL ARE CLOSELY CONNECTED AND SHOULD BE READ AS A WHOLE AND WE DONOT SEE ANY CONTRADICTION AS SO CANVASSED BY THE LD AR IN THE SAID FINDINGS. REGARDING THE DECISION OF THE HONBLE S UPREME COURT IN CASE OF WOODWARD GOVERNOR (SUPRA), THE ISSUE IN THA T CASE WAS RELATING TO TREATMENT OF UNREALIZED FOREIGN EXCHANG E LOSS DETERMINED M.A. NO. 121/JP/2018 M/S UDASEE STAMPING PVT. LTD. VS. DCIT 10 AS ON THE CLOSE OF THE FINANCIAL YEAR AND WHICH HAS BEEN CLAIMED AS AN EXPENDITURE U/S 37(1) OF THE ACT. IN THE INSTAN T CASE, AS WE HAVE NOTED ABOVE, THE ISSUE IS REGARDING DETERMINATION O F APPROXIMATE TRADING MARGINS AND WHERE THE FOREX LOSS IS AN ESSE NTIAL ELEMENT OF COST OF THE ASSESSEE, THE TRADING MARGINS SHOULD FA CTOR-IN SUCH COST. KEEPING THE SAID FACTUAL POSITION, THE BENCH HAS HE LD THAT FOREX LOSS SHOULD BE FACTORED-IN WHILE DETERMINING THE GROSS P ROFIT RATE AND SEPARATE ADDITION ON ACCOUNT OF FOREX LOSS WAS DELE TED. THEREFORE, NON-CONSIDERATION OF THE SAID DECISION OF THE HONB LE SUPREME COURT IS NOT A MISTAKE AS THE ISSUE AND FACTS INVOLVED IN THE SAID CASE ARE DISTINGUISHABLE. 7. IN LIGHT OF ABOVE DISCUSSIONS, WE DO NOT FIND A NY MISTAKE IN THE ORDER OF THE TRIBUNAL WHICH CALLS FOR RECTIFICA TION U/S 254(2) OF THE ACT. IN THE RESULT, THE MISCELLANEOUS APPLICATION IS DIS MISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 23/04/2019. SD/- SD/- FOT; IKY JKO FOE FLAG ;KNO (VIJAY PAL RAO) (VIKRAM SINGH YADAV) U;KF;D LNL;@ JUDICIAL MEMBER YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:-23/04/2019. SANTOSH VKNS'K DH IZFRFYFI VXZSFKR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT - M/S UDASEE STAMPING PVT. LTD., JAIP UR. 2. IZR;FKHZ@ THE RESPONDENT- DCIT, CIRCLE-7, JAIPUR. 3. VK;DJ VK;QDR@ CIT 4. VK;DJ VK;QDR@ CIT(A) M.A. NO. 121/JP/2018 M/S UDASEE STAMPING PVT. LTD. VS. DCIT 11 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR. 6. XKMZ QKBZY@ GUARD FILE { M.A. NO. 121/JP/2018} VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASST. REGISTRAR.