ACIT, CHENNAI V. Vishnukumar Traders Private Limited, CHENNAI

MA 19/CHNY/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4302 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 29-04-2016
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2010-2011
• Appeal Filed On: 25-02-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MURALI MOHAN
• Assessee Lawyers: N DEVANATHAN

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, CHENNAI ... , ! ' , # $% BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER M.P. NO.19/MDS/2016 (IN I.T.A. NO.1328/MDS/2015) & '& / ASSESSMENT YEAR : 2010-11 THE ASSISTANT COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 3(2), CHENNAI - 600 034. V. M/S VISHNUKUMAR TRADERS PVT. LTD., NO.112B, POONAMALLE HIGH ROAD, VELAPPANCHAVADI, CHENNAI - 600 077. PAN : AABCV 1856 H ()*& /PETITIONER) ()+*,/ RESPONDENT) )*& . / /PETITIONER BY : SH. MURALI MOHAN, JCIT )+*, . / / RESPONDENT BY : SH. N. DEVANATHAN, ADVOCATE 0 . 1# / DATE OF HEARING : 29.04.2016 23' . 1# / DATE OF PRONOUNCEMENT : 29.04.2016 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER: THE REVENUE HAS FILED THE PRESENT MISCELLANEOUS P ETITION ON THE GROUND THAT GROUND NO.1 RAISED BY THE REVENUE I N THE GROUNDS OF APPEAL BEFORE THIS TRIBUNAL WAS NOT DISPOSED OF BY THE TRIBUNAL. 2. SHRI MURALI MOHAN, THE LD. DEPARTMENTAL REPRESEN TATIVE, SUBMITTED THAT THE NON-DISPOSAL OF SPECIFIC GROUND RAISED BY THE 2 M.P. NO.19/MDS/16 REVENUE IS AN ERROR WITHIN THE MEANING OF SECTION 2 54(2) OF THE INCOME-TAX ACT, 1961 (IN SHORT 'THE ACT'). 3. WE HAVE HEARD SH. N. DEVANATHAN, THE LD.COUNSEL FOR THE ASSESSEE ALSO. THE LD.COUNSEL FAIRLY SUBMITTED THA T THE GROUND RAISED BY THE REVENUE WITH REGARD TO CARBON CREDIT AS GROUND NO.2.1 WAS NOT DISPOSED OF BY THIS TRIBUNAL INADVER TENTLY. 4. WE HAVE HEARD THE SUBMISSIONS OF LD. DEPARTMENTA L REPRESENTATIVE AND THE LD.COUNSEL FOR THE ASSESSEE AND PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. ADMITTE DLY, THE REVENUE HAS RAISED A SPECIFIC GROUND REGARDING SALE OF CARB ON CREDIT AS GROUND NO.2.1. THIS GROUND WAS INADVERTENTLY NOT D ISPOSED OF BY THIS TRIBUNAL WHILE PASSING THE FINAL ORDER OF THIS TRIBUNAL. THE NON- DISPOSAL OF SPECIFIC GROUND IS AN ERROR WITHIN THE MEANING OF SECTION 254(2) OF THE ACT. THEREFORE, THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT THE GROUND RAISED BY THE ASSESSEE AS G ROUND NO.2.1 NEEDS TO BE DISPOSED OF. ACCORDINGLY, THE APPEAL O F THE ASSESSEE IN I.T.A. NO. 1328/MDS/2015 IS REOPENED ONLY FOR THE P URPOSE OF DISPOSING OF GROUND NO.2.1. THE REGISTRY IS DIRECT ED TO POST THE APPEAL FOR DISPOSAL OF GROUND NO.2.1 BEFORE THE BEN CH ON 15.06.2016. 3 M.P. NO.19/MDS/16 5. IN THE RESULT, THE MISCELLANEOUS PETITION FILED BY THE REVENUE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 29 TH APRIL, 2016 AT CHENNAI. SD/- SD/- ( ! ' ) ( ... ) (CHANDRA POOJARI) (N.R.S. GANESAN) # / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 5 /DATED, THE 29 TH APRIL, 2016. KRI. . )167 87'1 /COPY TO: 1. )*& / PETITIONER 2. )+*, /RESPONDENT 3. 0 91 () /CIT(A) 4. 0 91 /CIT 5. 7: )1 /DR 6. ;& < /GF.