National Aluminium Company Limited, Bhubaneswar V. Addl.CIT, Range-2, Bhubaneswar

MA 14/CTK/2016

• Counselvise Citation: [2019] 111 COUNSELVISE.COM (IT) 5831 (ITAT-CUTTACK)
• Duration Of Justice: 3 year(s) 3 month(s) 20 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 14-10-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2005-2006
• Appeal Filed On: 24-06-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: B K MAHAPATRA
• Section: 201

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL CUTTACK BENCH CUTTACK BEFORE SHRI C.M. GARG, JM & SHRI L.P. SAHU, AM MISCELLANEOUS APPLICATION NO. 14 /CTK/201 6 ( / ASSESSMENT YEAR : 20 05 - 20 06 ) NATIONAL ALUMINUM COMPA NY LIMITED, NALCO BHAVAN, P - 1, NAYAPALLI, BHUBANESWAR VS. ADL. CIT, RANGE - 2, BHUBANESWAR ./ PANNO. : A AACN 7449 M ( / APPELLANT ) .. ( / RESPONDENT ) /ASSESSEE BY : SHRI B.K.MAHAPATRA , CA /REVENUE BY : SHRI S.M.KESHKAMAT, CITDR / DATE OF HEARING : 2 7 /0 9 /2019 / DATE OF PRONOUNCEMENT : 14 / 10 /2019 / O R D E R PER L.P.SAHU , A M : THIS MISCELLANEOUS APPLICATION HAS BEEN FILED BY THE ASSESSEE SE EKING RECTIFICATION OF THE ORDER OF TRIBUNAL DATED 29.06.2012 , PASSED IN ITA NO. 196 /CTK/201 0 FOR A.Y. 2005 - 2006 . 2. WE HAVE HEARD ARGUMENTS OF BOTH THE SIDES AND CAREFULLY PERUSED THE ORDER OF THE TRIBUNAL. 3. THE LD. AR SUBMITTED THAT IN THE GROUND NO.5( A) TO (D) OF THE APPEAL, THE ASSESSEE HAS AGITATED TO DELETE THE ADDITION OF RS.69,80,731/ - MADE UNDER PERIPHERAL DEVELOPMENT EXPENSES AND IN M A NO. 14 /CTK/201 6 2 GROUND NO.5(E), THE ASSESSEE HAS SPECIFICALLY STATED THAT THE ADDITION OF RS.6,89,69,708/ - ENHANCED BY THE LEARN ED CIT(APPEALS) UNDER THE HEAD 'PERIPHERAL DEVELOPMENT EXPENSES', IS CONTRARY TO THE FACTS, LEGALLY UNTENABLE AND BAD IN LAW. THE TRIBUNAL IN THE ORDER DATED 29.6.2012, IN PRINCIPLE, HAS HELD THAT THE EXPENDITURE CLAIMED UNDER 'PERIPHERAL DEVELOPMENT EXPE NSES IS ALLOWABLE AND DIRECTED TO DELETE RS.69,80,731/ - TOWARDS THE ADDITIONS MADE BY THE AO UNDER THE HEAD 'PERIPHERAL DEVELOPMENT EXPENSES FOR ASST. YEAR 2005 - 06, HOWEVER, BY MISTAKE IN THE SAID ORDER DATED 29.6.2012, HAS NOT DIRECTED TO DELETE THE AF ORESAID ADDITION OF RS.6,89,69,708/ - MADE BY THE CIT(A) BY WAY OF ENHANCEMENT UNDER THE SAID 'PERIPHERAL DEVELOPMENT EXPENSES'. THEREFORE, LD. AR SUBMITTED THAT THE NON - DELETION OF THE AFORESAID ADDITION OF RS.6,89,69,708/ - MADE BY THE LEARNED CIT(APPEALS) BY WAY OF ENHANCEMENT UNDER THE SAID 'PERIPHERAL DEVELOPMENT EXPENSES' IS MISTAKE APPARENT FROM THE RECORDS AND DESERVES TO BE RECTIFIED AND DELETED U/S.254(2) OF THE L.T. ACT. 4. ON THE OTHER HAND, LD. DR RELIED ON THE ORDER OF THE TRIBUNAL. 5. AFTER HEARING THE SUBMISSIONS OF BOTH THE PARTIES AND CAREFULLY PERUSING OF THE TRIBUNAL ORDER, WE OBSERVE THAT THE TRIBUNAL IN ORDER DATED 29.06.2012 HAS DIRECTED TO DELETE THE ADDITION MADE UNDER THE HEAD PERIPHERAL DEVELOPMENT EXPENSES FOR A.Y.2005 - 06 OF M A NO. 14 /CTK/201 6 3 RS.6 9,80,731 & RS.5,97,49,991/ - FOR A.Y.2006 - 2007 RELYING ON THE DECISION OF THIS TRIBUNAL IN ASSESSEES OWN CASE FOR EARLIER ASSESSMENT YEARS . ON PERUSAL OF THE GROUNDS OF APPEAL WE FOUND THAT THE ASSESSEE HAS RAISED GROUND NO.5 AGAINST THE ADDITION MADE UN DER THE HEAD PERIPHERAL DEVELOPMENT EXPENSES FOR A.Y.2005 - 06 IN ITA NO.196/CTK/2010 OF RS.69,80,731/ - AND RS.6,89,69,708/ - . HOWEVER, THE TRIBUNAL HAS DIRECTED ONLY TO DELETE RS.69.80.731/ - AND HAS NOT DIRECTED TO DELETE THE ADDITION OF RS.6,89,69,708/ - MAD E BY THE CIT(A) BY WAY OF ENHANCEMENT UNDER THE SAID 'PERIPHERAL DEVELOPMENT EXPENSES' AS RAISED BY THE ASSESSEE IN GROUND NO.5(E) OF THE APPEAL. IN OUR OPINION, THERE IS A MISTAKE APPARENT ON THE RECORD AS THE SAME IS ALSO COVERED BY THE DECISION OF THIS TRIBUNAL IN ASSESSEES OWN CASE FOR EARLIER ASSESSMENT YEAR AND WE AGREE WITH THE CONTENTION OF LD. AR IN THIS REGARD TO WHICH LD.DR HAS NOT CONTROVERTED THE SAME. ACCORDINGLY, WE HOLD THAT IN PARA 29 OF THE ORDER OF THE TRIBUNAL DATED 29.06.2012, WHEREIN THE TRIBUNAL HAS DIRECTED TO DELETE THE ADDITION OF RS.69,80,731/ - ON ACCOUNT OF PERIPHERAL DEVELOPMENT EXPENSES FOR A.Y.2005 - 2006, THE ENHANCEMENT MADE BY THE CIT(A) UNDER THE SAID HEAD I.E. 'PERIPHERAL DEVELOPMENT EXPENSES' OF RS.6,89,69,708/ - IS ALSO D IRECTED TO BE DELETED. THUS, THE MISTAKE IN THE ORDER DATED 29.06.2012 IS RECTIFIED TO THE EXTENT AS INDICATED ABOVE. M A NO. 14 /CTK/201 6 4 6. IN THE RESULT, MISCELLANEOUS APPLICATION OF ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 14 / 10 / 201 9 . SD/ - ( C.M.GARG ) SD/ - ( L.P.SAHU ) / JUDICIAL MEMBER / ACCOUNTANT MEMBER CUTTACK ; DATED 14 / 10 /201 9 PRAKASH KUMAR MISHRA, SR.P.S. / COPY OF THE ORDER FORWARDED TO : / BY ORDER, ( SENIOR PRIVATE SECRETARY ) , / ITAT, CUTTACK 1. / THE APPELLANT - NATIONAL ALUMINU M COMPANY LIMITED, NALCO BHAVAN, P - 1, NAYAPALLI, BHUBANESWAR 2. / THE RESPONDENT - ADL. CIT, RANGE - 2, BHUBANESWAR 3. ( ) / THE CIT(A), 4. / CIT 5. , , / DR, ITAT, CUTTACK 6. / GUARD FILE. //TRUE COPY//