M/s Everglades, Bangalore V. Assistant Commissioner of Income Tax, Central Circle-2(3), Bangalore

MA 145/BANG/2021

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 5219 (ITAT-BANGALORE)
• Duration Of Justice: 2 month(s) 16 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 10-02-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2007-2008
• Appeal Filed On: 25-11-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 254(2); 153C

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH : BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE-PRESIDENT AND SHRI B. R. BASKARAN, ACCOUNTANT MEMBER MP No.145/Bang/2021 (in ITA No.347/Bang/2012) Assessment Year: 2007-08 M/s. Everglades, No.1146, 12 th Main, 1 st Cross, HAL 2 nd Stage, Bengaluru-560038. PAN : AAAAE 2295 E Vs. ACIT, Central Circle – 2(3), Bengaluru. Applicant by:Shri.Siva Prasad Reddy, ITP Respondent by :Shri.D. Kiran, Addl. CIT(DR)(ITAT), Bengaluru. Date of hearing:11.02.2022 Date of Pronouncement:11.02.2022 O R D E R Per N.V. Vasudevan, Vice-President: This is a Miscellaneous Petition (MP) filed by the assessee under section 254(2) of the Income Tax Act, 1961 (hereinafter called ‘the Act’) pointing out that there are certain apparent errors in the order of the Tribunal and on that ground seeking recall of the order of the Tribunal dated 23.07.2021 passed in the aforesaid appeal. In this MP, the primary contention of the assessee is that the date of search has been presumed by the Tribunal to be 26.08.2008 and this was erroneous because the proceedings agaisnt the assessee are under section 153C of the Act and the search was in the case of N. Krishna which took place on 26.08.2008. In so far as the assessee is concerned, the date of search would be the date on which the AO of N. Krishna hands over the seized material to the AO of the assessee and this happened only subsequently after 26.08.2008. Besides the above, the assessee has also raised the plea with regard to recording of satisfaction by the AO before issuing notice under section 153C of the Act. MP No.145/Bang/2021 (in ITA No.347/Bang/2012) Page 2 of 3 2. We have considered the contentions in the MP. We find that this case has been remanded by the Hon’ble High Court in its order dated 30.011.2017 in iTA No.666/2016. The only issue that the Hon’ble High Court directed the Tribunal to examine was as to whether there is existence of satisfaction for initiating proceedings under section 153C of the Act. In our view, for deciding the aforesaid question, the date of search and the question as to whether the assessment for Assessment Year 2007-08 was already concluded or stood abated on account of proceedings under section 153C of the Act are all not germane to decide the question directed by the Hon’ble High Court for consideration by the Tribunal. The Tribunal has, after considering all the submissions, taken a view that proceedings under section 153C of the Act were validly initiated by the AO. We may also add that the contentions and averments in the MP regarding non-consideration of certain decisions cannot be a subject matter for consideration in proceedings under section 254(2) of the Act. Under section 254(2) of the Act, the Tribunal is only empowered to correct mistakes that are apparent in the order of the Tribunal. The Tribunal under section 254(2) of the Act does not have the power to review of its own order. In view of the aforesaid legal position, we are of the view that there is no merit in this MP and the same is accordingly dismissed. 3. In the result, miscellaneous petition of the assessee is dismissed. Pronounced in the open court on the date mentioned on the caption page. Sd/- Sd/- Bangalore, Dated: 11.02.2022. /NS/* (B. R. BASKARAN) (N. V. VASUDEVAN) Accountant Member Vice President MP No.145/Bang/2021 (in ITA No.347/Bang/2012) Page 3 of 3 Copy to: 1.Appellants2.Respondent 3.CIT4.CIT(A) 5.DR6.Guard file By order Assistant Registrar, ITAT, Bangalore.