Khaja Kutubiddin Khan, Hyderabad V. DCIT, Circle 7(1), Hyderabad

MA 196/HYD/2010

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6608 (ITAT-HYDERABAD)
• Duration Of Justice: 10 month(s) 5 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-07-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 27-05-2011
• Assessment Year: misc
• Appeal Filed On: 03-09-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: B V PRASAD REDDY
• Assessee Lawyers: D MURALI MOHAN RAO

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B ', HYDERABAD BEFORE SHRI G.C.GUPTA, VICE PRESIDENT AND SHRI AKBER BASHA, ACCOUNTANT MEMBER M.A.NO.195/HYD/2010 (IN ITA NO.1451 & 1574/HYD/08) : ASS TT. YEAR 2004-05 M.A.NO.196/HYD/2010 (IN ITA NO.1452 & 1575/HYD/08) : ASS TT. YEAR 2005-06 SHRI KHAJA KUDUBUDDIN KHAN, HYDERABAD. ( PAN - AAUPK 5005 D ) V/S. ADDL . COMMISSIONER OF INCOME - TAX, RANGE-7, HYDERABAD. (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI D.MURALI MOHAN RAO REVENUE BY : SHRI B.V.PRASAD REDDY O R D E R PER AKBER BASHA, ACCOUNTANT MEMBER: BY THESE APPLICATIONS UNDER S.254(2) OF THE INCOM E-TAX ACT, 1961, THE ASSESSEE SEEKS RECTIFICATION OF THE COMMO N ORDER OF THIS TRIBUNAL DATED 29.1.2010 IN THE CROSS-APPEALS FOR THE ASSESS MENT YEAR 2004-05 AND 2005-06, BEING ITA NOS.1451 AND 1452/HYD/2008 OF TH E REVENUE AND ITA NOS.1574 AND 1575/HYD/2008 OF THE ASSESSEE, ON THE GROUND THAT CERTAIN MISTAKES APPARENT FROM RECORD HAVE CREPT INTO THE S AME. MA NO.195-196/HYD/ 2010 (IN ITA NO.1451-1452/HYD/05 & 1574-1574/HYD/2005) SHRI KHAJA KUDUBUDDIN KHAN, HYDERABAD. 2 2. THE LEARNED COUNSEL FOR THE ASSESSEE, REITERATI NG THE CONTENTIONS URGED IN THE PRESENT APPLICATIONS SUBMITTED THAT TH E ASSESSING OFFICER HAS TAKEN 244 AS COST OF INFLATION INDEXED FACTOR FOR C ALCULATING INDEX COST OF CONSTRUCTION OF FINISHED AREA WHICH IS NOT CORRECT, SINCE THE COST OF INFLATION INDEXATION FACTOR FOR THE BASE YEAR SHOULD BE TAKEN AS 172. IN THIS BEHALF, IT IS ALSO SUBMITTED THAT THE ASSESSEE HAS ALSO FURNIS HED A CERTIFICATE FROM THE CHARTERED ENGINEER AT PAGES 7 TO 18 OF THE PAPER BO OK. IT IS ALSO SUBMITTED THAT THOUGH STATEMENT SHOWING CALCULATION OF LONG T ERM CAPITAL GAINS WAS ALREADY SUBMITTED BY THE ASSESSEE IN THE PAPER-BOOK FILED IN PAGES NOS.126 TO 129, THE SAME WAS NOT CONSIDERED BY THE CIT(A), AND THE TRIBUNAL ALSO MADE NO REFERENCE TO THE SAME IN ITS ORDER. HE TH EREFORE, SUBMITTED THAT A REVISED ORDER MAY BE PASSED, RECTIFYING THE ABOVE M ISTAKES 3. THE LEARNED DEPARTMENTAL REPRESENTATIVE ON THE OTHER HAND, OPPOSED THE ABOVE SUBMISSIONS OF THE LEARNED COUNSE L FOR THE ASSESSEE. 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PE RUSED THE ORDER OF THE TRIBUNAL DATED 29.1.2010 AND OTHER MATERIAL AVAILABLE ON RECORD, IN THE LIGHT OF THE CONTENTIONS OF THE ASSESSEE IN THE PRESENT APPLICATIONS UNDER S.254(2) OF THE ACT. IN PARA-1 OF THE PRESENT MISCE LLANEOUS APPLICATIONS, WHICH IS SIMILAR IN WORDING IN BOTH THE APPLICATION S, ASSESSEE STATED INTER- ALIA (AS TAKEN FROM M.A. NO.196/HYD.2010) AS FOLLOW S- ..THE HONOURABLE INCOME TAX APPELLATE TRIBUNAL, BENC H-B HAS PASSED THE ORDER ON 29.01.2010. SUBSEQUENT TO I T, THE CONSEQUENTIAL ORDER HAS BEEN PASSED ON 20-03-2010 W HERE IN THE FOLLOWING MISTAKE HAVE BEEN NOTICED WHICH MAY P LEASE BE MODIFIED AT THE EARLIEST AND THE DEMAND WILL ALSO T O BE REVISED. MA NO.195-196/HYD/ 2010 (IN ITA NO.1451-1452/HYD/05 & 1574-1574/HYD/2005) SHRI KHAJA KUDUBUDDIN KHAN, HYDERABAD. 3 FROM THE ABOVE, ASSESSEE APPEARS TO BE POINTING OUT THE MISTAKES IN THE CONSEQUENTIAL ORDERS PASSED ON 20.3.2010 BY THE REVENUE AUTHORITIES FOR GIVING EFFECT TO THE ORDER OF THE T RIBUNAL DATED 29.1.2010. GRIEVANCE OF THE ASSESSEE, IF ANY, ARIS ING OUT OF THE CONSEQUENTIAL ORDERS PASSED BY THE REVENUE AUTHORIT IES FOR GIVING EFFECT TO THE ORDERS OF THE TRIBUNAL, CANNOT BE AGI TATED THROUGH PETITIONS UNDER S.254(2) OF THE ACT FILED AS AGAINS T THE ORDERS OF THE TRIBUNAL GIVING RISE TO SUCH CONSEQUENTIAL ORDERS. FURTHER, CONTENTIONS OF THE ASSESSEE IN THE PRESENT APPLICATIONS CENTRE AROUND THE INFLATION INDEXATION FACTOR THAT HAS TO BE TAKEN FOR THE BASE YEAR, WHILE COMPUTING THE CAPITAL GAINS AND THE CONTENTION OF T HE ASSESSEE IS THAT STATEMENT SHOWING CALCULATION OF LONG TERM CAPITAL GAINS ALREADY SUBMITTED BY THE ASSESSEE IN THE PAPER BOOK FILED, WAS NOT CONSIDERED BY THE CIT(A) AND NO REFERENCE WAS MADE TO THE SAME BY THE TRIBUNAL IN ITS ORDER. WE FIND NO MERIT IN THE CONTENTIONS OF THE ASSESSEE IN THIS BEHALF, IN AS MUCH AS THE TRIBUNAL HAS TAKEN I NTO ACCOUNT ALL THE CONTENTIONS THAT HAVE BEEN URGED BY THE ASSESSEE BE FORE IT, AND CONSIDERED ALL THE MATERIAL AVAILABLE ON RECORD, AN D THERE WAS NO MISTAKE WHATSOEVER APPARENT FROM RECORDS IN THE ORD ER OF THE TRIBUNAL DATED 29.1.2010. ALL THAT THE ASSESSEE SEEKS BY THE PRESENT APPLICATIONS APPEARS TO BE MERE REVISION/REVIEW OF OUR ORDER DATED 29.1.2010, BY REAPPRAISAL OF THE MATERIAL/EVIDENCE ON RECORD, WHICH IS BEYOND THE PURVIEW OF THE PROVISIONS OF S.254(2) OF THE ACT. WE ACCORDINGLY, REJECT THESE APPLICATIONS OF THE ASSES SEE, AS THEY SAME ARE DEVOID OF MERIT. MA NO.195-196/HYD/ 2010 (IN ITA NO.1451-1452/HYD/05 & 1574-1574/HYD/2005) SHRI KHAJA KUDUBUDDIN KHAN, HYDERABAD. 4 5. IN THE RESULT, BOTH THE APPLICATIONS OF THE AS SESSEE ARE REJECTED. ORDER PRONOUNCED IN THE COURT ON 8TH JULY, 20 11 SD/- SD/- (G.C.GUPTA) (AKBER BASHA) VICE PRESIDENT ACCOUNTANT MEMBER DT/- 8TH JULY, 2011 COPY FORWARDED TO: 1. SHRI KHAJA KUDUBUDDIN KHAN , D. NO. 10 - 5 - 5, MASAB TANK, HYDERABAD 2. ADDL. COMMISSIONER OF INCOME-TAX, RANGE-7, HYDER ABAD 3. COMMISSIONER OF INCOME - TAX(APPEALS) VI , HYDERABAD 4. COMMISSIONER OF INCOME - TAX - VI HYDERABAD 5. DEPARTMENTAL REPRESENTATIVE, ITAT, HYDERABAD. B.V.S.