Divya Shakti Granites Limited, Hyderabad V. ACIT, Circle-1(2), Hyderabad

MA 140/HYD/2014

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 2805 (ITAT-HYDERABAD)
• Duration Of Justice: 6 month(s) 9 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-03-2015
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 10-09-2014
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: RAMAKRISHNA BANDI
• Assessee Lawyers: V RAGHAVENDRA RAO

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD BEFORE SHRI B.RAMAKOTAIAH, ACCOUNTANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER MISC. APPLN. NO.140/HYD/2014 (IN MA NO.42/HYD/2014 IN ITA NO.367/HYD/12) : ASSESSMENT YEAR 2008 - 09 M/S. DIVYA SHAKTI GRANITES LTD., HYDERABAD ( PAN - AABCD 0680 K) V/S. ASSTT, COMMISSIONER OF INCOME - TAX CIRCLE 1(2), HYDERABAD (APPLICANT) (RESPONDENT) APPLICANT BY : S HRI V.RAGHAVENDRA RAO RESPONDENT BY : SHRI RAMAKRISHNA BANDI DATE OF HEARING 30 . 01 .201 5 DATE OF PRONOUNCEMENT 20.03.2015 O R D E R PER SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER: BY THIS MISCELLANEOUS APPLICATION, ASSESSEE SEEKS RECTIFICATION/RECALL OF THE ORDER OF THIS TRIBUNAL DATED 27.6.2014 IN ITA NO.42/HYD/2014 IN ITA NO.367/HYD/2012 FOR THE ASSESSMENT YEARS 2008 - 09 ON THE GROUND THAT CERTAIN MISTAKES APPARENT FROM RECORD HAV E CREPT INTO THE SAME. 2. REITERATING THE AVERMENTS MADE IN THIS APPLICATION, LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED, AT THE OUTSET, THE RECTIFICATION APPLICATION FIELD BY THE ASSESSEE, BEING MA NO.42/HYD/2014, HAS BEEN MA NO.140/HYD/2014 (IN MA NO.42/HYD/2014 IN ITA NO .367 /HYD/201 2) M/S. DIVYA SHAKTI GRANITES LTD., HYDERABAD 2 DISPOSED OF, BY THE ORDER OF THE TRIBUNAL 27.6 . 2014, TREATING THE SAME AS IF FILED BY THE REVENUE IN THE CAUSE TITLE AS WELL AS IN THE BODY OF THE ORDER. REFERRING TO THE AVERMENTS MADE IN MA NO.42/HYD/2014, IT IS SUBMITTED THAT THE THERE WAS A MISTAKE IN THE ACTION OF THE TRIBUNAL, VIDE ORDER DATED 13.12.2013, IN PRONOUNCING THE GROUNDS NO.3 TO 8 OF THE REVENUE AS ALLOWED; IN HOLDING THAT THAT THE AMOU N T ADDED UN D ER S.68 HAS TO BE TREATED AS INCOM E FROM OTHER SOU R CES; AND ON ACCOUNT O F NON - CONSIDERATION OF THE FOLLOWING DECISION S RE LIED UPON BY THE LEARNED COUNSEL FOR THE ASSESSEE DURING THE COU R SE OF H E ARING OF THE APPEAL BEFORE THE TRIBUNAL. 3. THE LEARNED DEPARTMENTAL REPRESENTATIVE, ON THE CONTRARY, THOUGH AGREED THAT THERE WAS A MISTAKE ON THE PART OF THE TRIBUNAL IN TREATING THE MA NO.42/HYD/2014, AS IF FILED BY THE REVENUE, OPPOSED THE OTHER CONTENTIONS OF THE ASSESSEE WITH REGA R D TO THE ORDER OF THE TRIBUNAL DATED 13.12.2013 PASSED IN ITA NO.367/HYD/2012. 4. WE HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AND ALSO PERUSED T HE RELEVANT MATERIAL ON RECORD. WE AGREE THAT THERE IS MISTAKE IN IDENTIFYING THE MISCELLANEOUS APPLICATION OF THE ASSESSEE AS THAT OF THE REVENUE, AND THERE ARE CONSEQUENT MISTAKES IN THE CAUSE TITLE AS WELL AS IN THE BODY OF THE ORDER OF OUR DATED 27.6. 2014 IN TREATING THE MA NO.42/HYD/2014 AS THE RECTIFICATION APPLICATION OF THE REVENUE, WHEREAS IT IS IN FACT, A RECTIFICATION APPLICATION OF THE ASSESSEE. WE ACCORDINGLY, MODIFY AND DIRECT THAT THE CAUSE - TITLE OF THE ORDER IN MA NO.42/HYD/2014 TO BE READ AS FOLLOWS - MA NO.140/HYD/2014 (IN MA NO.42/HYD/2014 IN ITA NO .367 /HYD/201 2) M/S. DIVYA SHAKTI GRANITES LTD., HYDERABAD 3 IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD BEFORE SHRI B.RAMAKOTAIAH, ACCOUNTANT MEMBER AND SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER MISC. APPLN. NO.42/HYD/2014 (IN ITA NO.367/HYD/12) : ASSESSMENT YEAR 2008 - 09 M/S. DIVYA SHAKTI GRANITES LTD., HYDERABAD ( PAN - AABCD 0680 K) V/S. ASSTT, COMMISSIONER OF INCOME - TAX CIRCLE 1(2), HYDERABAD (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI I.RAMA RAO RESPONDENT BY : SHRI P.SOMA SEKHAR REDDY DR DATE OF HEARING 27.06.2014 DATE OF PRONOUNCEMENT 27.06.2014 . 5. SIMILARLY, IN THE BODY OF THE ORDER DATED 27.6.2014, THE WORD REVENUE IN LINE 1 OF PARA 1, IN LINE S NO.13 AND 21 OF PARA 3, AND IN LINE 1 OF PARA 4, SHOULD BE READ AS THE ASSESSEE, AND THE WORDS L EARNED DEPARTMENTAL REPR E SENTATIVE IN PARA 2, SHOULD B E READ AS THE LEARNED COUNSEL FOR THE ASSESSEE. 6. BUT FOR THE ABOVE CLERICAL/TYPOGRAPHIC MISTAKES, WE DO NOT FIND ANY FURTHER MISTAKE IN THE ORDER OF THE TRIBUNAL DATED 27 . 06 .201 4 . AN OVERALL READING OF THE ORDER OF THE TRIBUNAL DATED 11.12.2013 CLEARLY REVEALS CONSIDERATION OF ALL THE DECISIONS CITED BY THE LEARNED COUNSEL FOR THE ASSESSEE DURING THE COURSE OF APPEAL HEARING, INCLUDING THE ONES NOTED IN THE PRESENT APPLICATION AS WELL, AS HAVING BEEN CONSIDERED BY THE MA NO.140/HYD/2014 (IN MA NO.42/HYD/2014 IN ITA NO .367 /HYD/201 2) M/S. DIVYA SHAKTI GRANITES LTD., HYDERABAD 4 TRIBUNAL. THE SAID ORDER DATED 27.6.2014, BUT FOR THE MISTAKE AS TO THE IDENTITY OF THE PARTY FILING IT, REVEALS CONSIDERATION OF ALL THE AVERMENTS MADE IN THE MISCELLANEOUS APPLI C ATION OF THE ASSESSEE DISPOSED OF THEREBY, VIZ. MA NO.42/HYD/2014, WHICH RESULTED IN MAKING AMENDS TO THE ORDER DATED 11.12.2013 BY INSERTING PARA 32 AS A PENULTIMATE PARA THEREOF , AND MAKING CONSEQUENTIAL AMENDS TO THE CONCLUDING PARA DECLARING THE RESULT ON THE APPEAL, VIZ. HOLDING THE APPEAL OF THE REVENUE AS ALLOWED. WE ACCORDINGLY FIND NO MERIT IN THE CONTENTIONS OF THE ASSESSEE IN THE PRESENT APPLICATION AS TO THE MERITS OF THE DECISION RENDERED IN THE ORDER DATED 11.12.2013, EX CEPT TO THE EXTENT ACCEPTED AND RECTIFIED BY THE ORDER DATED 27.6.2014. CONSEQUENTLY, THERE IS NO MERIT IN THE OTHER CONTENTIONS OF THE ASSESSEE IN THE PRESENT APPLICATION, WHICH ARE ACCORDINGLY REJECTED 7. IN THE RESULT, MISCELLANEOUS APPLICATION OF T HE ASSESSEE IS TREATED AS ALLOWED TO THE EXTENT INDICATED ABOVE . ORDER PRONOUNCED IN THE COURT ON 20 TH MARCH, 2015 SD/ - SD/ - ( B.RAMAKOTAIAH ) (ASHA VIJAYARAGHAVAN) ACCOUNTANT MEMBER JUDICIAL MEMBER DT/ - 20 TH MARCH, 2015 COPY FORWARDED TO: 1. M/S. DIVYA SHAKTI GRANITES LTD., D. NO.7 - 1 - 58, DIVYASHAKTI COMPLEX, AMEERPET, HYDERABAD 2 . ASST. COMMISSIONER OF INCOME - TAX, CIRCLE 1(2), HYDERABAD 3. COMMISSIONER OF INCOME - TAX(APPEALS) II HYDERABAD 4. COMMISSIONER OF INCOME - TAX I, HYDERABAD 5 DEPARTMENTAL REPRESENTATIVE, ITAT, HYDERABAD. B.V.S