Smt. Mandava Siva Parvathi, Visakhapatnam V. THE ITO., WARD-1(4), VISAKHAPATNAM., Visakhapatnam

MA 2/VIZ/2013

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 1320 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 10 month(s) 9 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 11-12-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2005-2006
• Appeal Filed On: 01-02-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: D MANOJ KUMAR
• Assessee Lawyers: C S BHAGAVAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, VISHAKHAPATNAM BEFORE S/SHRI B. RAMAKOTAIAH (AM) & SAKTIJIT DEY (JM) M.P.NO.02/VIZ/2013 ( A RISING OUT OF I.T.A. NO.275/VIZ/2011) ASSESSMENT YEAR : 2005 - 06 MANDAVA SIVA PARVATHI, D.O.NO.15 - 3 - 24/1, 5 TH FLOOR, BEECH GARDEN APARTMENTS, OPP: CENTURY CLUB, MAHARANIPETA, VISAKHAPATNAM VS. ITO, WARD - 1,(4) VISAKHAPATNAM PAN/GIR NO. : BLAPS 6223 F ( APPELLANT ) .. ( RESPONDENT ) APPELLANT BY : SHRI C.S.BHAGAVAN, ADVOCATE RESPONDENT BY : SHRI D.MANOJ KUMAR DATE OF HEARING : 0 6/12/2013 DATE OF PRONOUNCEMENT : 11 /12/2013 O R D E R PER SAKTIJIT DEY, JM BY THIS MISCELLANEOUS APPLICATION U/S.254(2) OF THE ACT, THE ASSESSEE HAS PRAYED T O MODIFY THE ORDER PASSED BY THE TRIBUNAL DATED 29.10.2012 IN I.T.A. NO.275/VIZ/2011 FOR ASSESSMENT YEAR 2005 - 06 ON THE GROUND THAT AN APPARENT MISTAKE IS CREPT IN THE ORDER OF THE TRIBUNAL, WHICH REQUIRES MODIFICATION INASMUCH ALLOWING BENEFIT OF EXEMPTIO N U/S.54 OF THE I.T.ACT. 2. WE HAVE CONSIDERED SUBMISSIONS OF LD REPRESENTATIVES OF PARTIES AND ORDERS OF AUTHORITIES BELOW AS WELL AS PERUSED THE ORDER PASSED BY THE TRIBUNAL IN I.T.A. NO.275/VIZ/2011. A S CAN BE NOTED FROM THE FACTS ON RECORD, THE APPEAL BEFORE THE TRIBUNAL ARISES OUT OF AN ORDER PASSED BY THE AO U/S.154 OF THE ACT, WHICH WAS CONFIRMED BY THE CIT(A). 2 THE RECTIFICATION PETITION WAS REJECTED BY THE AO, WHICH WAS ALSO UPHELD BY THE CIT(A) ON THE GROUND THAT IN THE GARB OF RECTIFICATION, ASSESSEE HAS MADE ADDITIONAL CLAIM AFTER EXPIRY OF FOUR YEARS OF COMPLETION OF ASSESSMENT PROCEEDINGS. THE ITAT AFTER CONSIDERING THE ISSUE IN DETAIL DISMISSED THE APPEAL OF THE ASSESSEE BY OBSERVING AS UND ER: WE HAVE CAREFULLY CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE RECORD. AS RIGHTLY POINTED OUT BY THE REVENUE, THE AO ACCEPTED THE CLAIM OF EXEMPTION U/S.54F OF THE ACT AS PER THE RECORD PRODUCED DURING THE COURSE OF ASSESSMENT PROCEEDINGS AND IT WAS NOT A CASE OF THE ASSESSEE AT THAT STAGE THAT SHE WAS ENTITLED TO DEDUCTION ON PURCHASE OF TWO HOUSE PROPERTIES. UNDER THE CIRCUMSTANCES, IT CANNOT BE SAID THAT THE ORIGINAL ORDER SUFFERS FROM ANY MISTAKE APPARENT FROM THE RECORD SO AS TO ENABLE US TO CONSIDER THE PRESENT PLEA. HAVING REGARD TO THE CIRCUMSTANCES, WE DO NOT FIND ANY INFIRMITY IN THE ORDER PASSED BY THE CIT(A). AS DECLARED IN THE OPEN COURT, THE APPEAL FILED BY THE ASSESSEE IS HEREBY DISMISSED. 3. ON PERUSAL OF THE FINDINGS OF THE TRIBUNAL, WE DO NOT FIND ANY MISTAKE APPARENT ON RECORD, WHICH REQUIRES RECTIFICATION. THE POWER OF RECTIFICATION UNDER SECTION 254 (2) CAN BE EXERCISE D ONLY WHEN THE MISTAKE WHICH SOUGHT TO BE RECTIFIED IS AN OBVIOUS AND PATENT MISTAKE WHICH IS APPARENT FROM RECORD AND NOT A MISTAKE WHICH REQUIRES TO BE ESTABLISHED BY ARGUMENTS AND A LONG DRAWN PROCESS OF REASONING ON POINTS ON WHICH THERE MAY CONCEIVABLY BE TWO OPINIONS. THE POWERS SO CONFERRED U/S. 254 (2) DO NOT CONTEMPLATE REHEARING WHICH WOULD HAVE THE EFFECT OF REWRITING AN ORDER AFFECTING THE MERITS OF THE CASE. CONSIDERING THE FACTS OF THE CASE, WE ARE OF THE CONSIDERED VIEW THAT THERE IS NO MISTAKE IN THE ORDER OF THE TRIBUNAL AND GROUNDS TAKEN BY THE ASSESSEE ARE BEYOND THE PURVIEW OF SECTION 2 54(2) OF THE ACT. ACCORDINGLY, APPLICATION OF THE ASSESSEE FOR RECALLING THE OR DER OF THE TRIBUNAL DT.29.10.2012 HAS NO MERIT AND THE SAME IS REJECTED. 4 . IN THE RESULT, THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 1 1 /12/2013 . S D / - S D / - (B.RAMAKOTAIAH ) ( SAKTIJIT DEY ) ACCOUNTANT MEMBER JUDICIAL MEMBER VISHAKHAPATNAM DATE D 1 1 T H D E C E M B E R , 2 0 1 3 PARIDA , SR. PS 3 COPY OF THE ORDER FORWARDED TO : 1. THE ASSESSEE MANDAVA SIVA PARVATHI,D.O.NO.15 - 3 - 24/1, 5 TH FLOOR, BEECH GARDEN APARTMENTS, OPP: CENTURY CLUB, MAHARANIPETA, VISAKHAPATNAM. 2. THE RESPONDENT. : ITO, WARD - 1 (4),VISAKHAPATNAM 3. THE CIT(A) , VISAKHAPATNAM 4. CIT , VISAKHAPATNAM 5. DR, ITAT, VISHAKHAPATNAM 6. GUARD FILE. BY ORDER SR.PS, ITAT, VISHAKHAPATNAM //TRUE COPY//