Asian Peroxides Ltd., CHENNAI V. DCIT Corporate Circle 1(1), CHENNAI

MA 174/CHNY/2019

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 8423 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 09-10-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2009-2010
• Appeal Filed On: 22-07-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R ANITHA IRS

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : CHENNAI , , BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER !'#$%&'(!)&*+#, -./ 0 12 ./I.T.A. NO.2538/CHNY/2018) 34 5 / ASSESSMENT YEAR : 2009-2010. M/S. ASIAN PEROXIDES LTD, NO.44, ISPAHANI BUILDING, ARMENIAN STREET, CHENNAI 600 001. VS. THE DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 1(1) CHENNAI. [PAN AAACA 6213G] (PETITIONER ) ( /RESPONDENT) PETITIONER BY : SHRI. SAROJ KUMAR PARIDA, ADVOCATE 2 RESPONDENT BY : MS. R. ANITHA, IRS, JCIT. 6 7 8 9 /DATE OF HEARING : 20-09-2019 :;54 8 9 /DATE OF PRONOUNCEMENT : 09-10-2019 / O R D E R PER INTURI RAMA RAO , ACCOUNTANT MEMBER: THIS MISCELLANEOUS PETITION IS FILED BY THE ASSES SEE SEEKING RECTIFICATION OF THE ORDER OF THE TRIBUNAL DATED 23.05.2019 IN ITA NO.2538/CHNY/2018, FOR ASSESSMENT YEAR 2009-2010. 2. THE COUNSEL FOR THE PETITIONER SUBMITTED THAT IN T HE IMPUGNED ORDER PASSED BY THIS TRIBUNAL ON 23.05.2019, THE TR IBUNAL HAD NOT CONSIDERED THE CONTENTION OF THE ASSESSEE IN PROPER PROSPECTIVE AND NOT CONSIDERED GROUNDS 6 & 7. M.P. NO.174/2019 :- 2 -: 3. PER CONTRA, LD. DEPARTMENTAL REPRESENTATIVE SUBMITT ED THAT THERE WERE NO MISTAKE IN THE ORDER OF THE TRIBUNAL AMENABLE TO ANY RECTIFICATION. 4. WE HEARD THE RIVAL SUBMISSIONS, PERUSED THE MISCELL ANEOUS PETITION AND THE IMPUGNED ORDER. GROUNDS 6 & 7 ARE ONLY ANCILLARY TO GROUNDS 1 & 4. THIS TRIBUNAL AFTER DULY CONSIDERING THE FACTS ON RECORD AND RIVAL CONTENTION OF PARTIES HAD COME TO CONCLUSION THAT ACTION OF THE LOWER AUTHORITIES IS CORRECT, PLACING RELIANCE ON THE DECISION OF HON'BLE SUPREME COURT IN THE CASE OF CIT VS. TULSYAN NEC LTD, 330 ITR 226 . THEREFORE, ASSESSEE, IN THE GUISE OF SEEKING RECTIFICATION IS ONLY SEEKING REVIEW OF THE DECIS ION OF THE TRIBUNAL, WHICH IS NOT PERMISSIBLE UNDER THE JURISDICTION OF SUB SECTION (2) OF SECTION 254 OF THE INCOME TAX ACT, 1961. 5. IN THE RESULT, THE MISCELLANEOUS PETITION FILED BY THE ASSESSEE STANDS DISMISSED. ORDER PRONOUNCED ON 9TH DAY OF OCTOBER, 2019, AT CHENNAI. SD/- SD/- ( ) (GEORGE MATHAN) /JUDICIAL MEMBER ( ) (INTURI RAMA RAO) /ACCOUNTANT MEMBER <7 / CHENNAI = / DATED :9TH OCTOBER, 2019. KV 0> 8 ? 9@A2 1BA59 / COPY TO: 1. 12C / APPELLANT 3. 0 0 6 D9 -12E / CIT(A) 5. AFG ? 9 H3 / DR 2. ?I C / RESPONDENT 4. 0 0 6 D9 / CIT 6. GJ K7 / GF