The Dy. Commissioner of Income Tax, Circle-2(3), Surat V. M/s. Shhlok Enterprise, Surat

MA 16/SRT/2021

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 2505 (ITAT-SURAT)
• Duration Of Justice: 2 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 26-01-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 20-01-2022
• Assessment Year: 2012-2013
• Appeal Filed On: 25-11-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 68; 254(2); 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER AND Dr. ARJUN LAL SAINI, ACCOUNTANT MEMBER Miscellaneous Application No.16/SRT/2021 For AY: 2012-13 (Arising out of ITA No.2018/AHD/2016) (Hearing in Virtual Court) The Deputy Commissioner of Income Tax, Circle-2(3), Surat. Vs . Shhlok Enterprise, Block No.292, Plot No.135/B, Shhlok Arcase, Bamroli Road, Surat. – 394 210. PAN: ABUFS 8091 E Applicant Respondent Assessee by Shri P.M.Jagasheth – CA Revenue by Shri Abhishek Gautam – Sr.DR Date of hearing 21.01.2022 Date of pronouncement 27.01.2022 Order under section 254(1) of Income Tax Act PER PAWAN SINGH, JM : 1. This Miscellaneous Application is filed by the Revenue for seeking rectification in the order dated 06.01.2021 passed in ITA No.2018/AHD/2016 for the A.Y. 2012-13. The Applicant/Revenue in the application besides mentioning the facts of the case contended that while adjudicating the appeal, the Tribunal has not adjudicated the grounds of appeal at Sl.No.2 to 5, thus, there is a factual mistake occurred in the order dated 06.01.2021. The ld.Sr.Departmental Representative (ld.Sr.DR) for the Revenue after reading the contents of application submits that the Tribunal has not given binding on Ground No.2 to 5 raised by the Revenue, which is mistake apparent on record and the order dated 06.01.2021 requires to be recalled for adjudication afresh. M.A.No.16/SRT/2021 (AY 2012-13) Shhlok Enterprise, Surat 2 2. On the other hand, the ld.Authorised Representative(ld.AR) for the assessee submits that the contents of Miscellaneous Application filed by the Revenue are factually incorrect. The Tribunal while adjudicating the grounds of appeal has given specific finding in staring from para 12 onwards inter-alia noting that Ground No.1 to 3 are general in nature. Ground No.4 relates to addition under section 68 of the Act and the Ground No.5 relates to consequential disallowance of interest expenses. The Tribunal while adjudicating the appeal has given specific finding on Ground No.4 and 5 as recorded in para 18 of the Tribunal order. The ld.AR of the assessee submits that the Revenue is seeking review of the order which is beyond the scope of Section 254(2) of the Income Tax Act. 3. We have considered the submission of both the parties and have gone through the contents of Miscellaneous Application filed by the Revenue and the order dated 06.01.2021. We find that on perusal of grounds of appeal, this Bench has specifically noted that Ground No.1 to 3 are general in nature, Ground No. 4 relates to addition under section 68 of the Act and the Ground No.5 relates to consequential disallowance of interest expenses. Further, the submission of ld.Sr.DR for the Revenue is recorded in para 12 and the submission of ld.AR is recorded in para 13 and 14. After considering the submission of both the parties, this Bench has passed a detailed and reasoned order by specifically adjudicating substantial Ground No.4 and 5 raised by the Revenue and dismissed the appeal of M.A.No.16/SRT/2021 (AY 2012-13) Shhlok Enterprise, Surat 3 the Revenue. Therefore, we do not find any merit in the Miscellaneous Application filed by the Revenue. 4. In the result, Miscellaneous Application filed by the Revenue is dismissed. Order pronounced on 27 th January, 2022 in the open court and result was placed in the notice board. Sd/- Sd/- (Dr ARJUN LAL SAINI) PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER Surat, Dated: 27/01/2022 / *SGR Copy to: 1. Appellant 2. Respondent 3. CIT(A) 4. CIT 5. DR 6. Guard File By order // TRUE COPY // Sr.Private Secretary, ITAT, Surat