Indian Overseas Bank, CHENNAI V. DCIT, CHENNAI

MA 147/CHNY/2013

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 1246 (ITAT-CHENNAI)
• Duration Of Justice: 4 month(s) 13 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 02-12-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 01-11-2013
• Assessment Year: 2008-2009
• Appeal Filed On: 19-07-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: N MADHAVAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : CHENNAI BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI VIKAS AWASTHY, JUDICIAL MEMBER M.P. NO. 147/MDS/2013 (IN ITA NO. 1815/MDS/2011) ASSESSMENT YEAR : 2008-09 INDIAN OVERSEAS BANK, 763, ANNA SALAI, CHENNAI 600 002 VS DCIT LTU, CHENNAI [PAN: AAACI 1223 J] (PETITIONER) (RESPONDENT) PETITIONER BY : SHRI C. NARESH, CA., RESPONDENT BY : SHRI N. MADHAVAN, JCIT DATE OF HEARING : 01-11-2013 DATE OF PRONOUNCEMENT : 02-12-2013 O R D E R PER VIKAS AWASTHY, JUDICIAL MEMBER: THE MISCELLANEOUS PETITION HAS BEEN FILED BY THE A SSESSEE- BANK FOR RECTIFICATION OF THE ORDER DATED 02-04-201 3 PASSED IN THE AFOREMENTIONED APPEAL. THE ASSESSEE HAD RAISED AS MANY AS SIX GROUNDS IN HIS APPEAL. ONE OF THE GROUNDS RAISED I N THE APPEAL WAS WITH REGARD TO DIS-ALLOWANCE OF EXPENDITURE U/S .14A R.W.R.8D OF THE INCOME TAX RULES. THE ASSESSEE BY WAY OF PR ESENT MISCELLANEOUS PETITION HAS SOUGHT RECTIFICATION OF THE ORDER OF THE M.P. NO. 147/MDS/2013 :- 2 -: TRIBUNAL WHEREBY THE AFORESAID GROUNDS OF APPEAL OF THE ASSESSEE HAS BEEN DISMISSED. THE LD.AR OF THE ASSE SSEE SUBMITTED THAT THE CASE OF THE ASSESSEE IS SQUARELY COVERED BY THE JUDGMENT OF THE HONBLE KARNATAKA HIGH COURT IN ITA NO. 359 OF 2011 IN CASE TITLED M/S.CCI LIMITED VS. JCIT DEC IDED ON 28-02-2012. THE LD.AR FURTHER SUBMITTED THAT THE T RIBUNAL DISMISSED THIS GROUND OF APPEAL OF THE ASSESSEE WIT HOUT TAKING INTO CONSIDERATION THE AFORESAID JUDGMENT OF THE HO NBLE KARNATAKA HIGH COURT. 2. PER CONTRA, SHRI N. MADHAVAN, APPEARING ON BEHAL F OF THE REVENUE SUBMITTED THAT THE ORDER OF THE TRIBUNAL IS WELL REASONED AND DETAILED ON THE ISSUE THEREFORE NO INTERFERENCE IS CALLED FOR. THE LD.DR STRONGLY OBJECT TO THE RECTIFICATION PETI TION FILED BY THE ASSESSEE. 3. WE HAVE HEARD THE SUBMISSIONS MADE BY THE REPRESENTATIVES OF BOTH THE PARTIES. THE ISSUE REG ARDING DIS- ALLOWANCE U/S.14A R.W.R. 8D HAS BEEN CONSIDERED IN DETAIL BY THE TRIBUNAL. THE ISSUE HAS BEEN DECIDED IN FAVOUR OF THE REVENUE AFTER CONSIDERING THE FACTS OF THE CASE AND THE JUD GMENTS RELIED ON M.P. NO. 147/MDS/2013 :- 3 -: BY THE REPRESENTATIVES OF BOTH THE SIDES AT THE TIM E OF MAKING SUBMISSIONS IN THE APPEAL. 4. AFTER APPRECIATING THE FACTS OF THE CASE AND THE JUDGMENTS CITED BY BOTH THE PARTIES, THE BENCH CAME TO THE CO NCLUSION THAT, THE JUDGMENTS RELIED UPON BY THE LD.AR OF THE ASSES SEE ARE NOT APPLICABLE TO THE FACTS AND CIRCUMSTANCES OF THE PR ESENT CASE. 5. WE ARE OF THE OPINION THAT BY WAY OF PRESENT MIS CELLANEOUS PETITION, THE ASSESSEE IS SEEKING REVIEW OF THE ORD ER DATED 02-04-2013 WHICH IS BEYOND THE SCOPE OF SECTION 254 (2). THE MISCELLANEOUS PETITION OF THE ASSESSEE IS DISMISSED BEING DEVOID OF MERIT. ORDER PRONOUNCED ON MONDAY, THE 2 ND DECEMBER, 2013 AT CHENNAI. SD/- SD/- (A. MOHAN ALANKAMONY) ACCOUNTANT MEMBER (VIKAS AWASTHY) JUDICIAL MEMBER DATED: 2 ND DECEMBER, 2013 TNMM COPY TO: (1) PETITIONER (4) CIT(A) (2) RESPONDENT (5) D.R. (3) CIT (6) G.F.