M/s. Madras Gymkhana Club, CHENNAI V. ACIT, CHENNAI

MA 211/CHNY/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 7364 (ITAT-CHENNAI)
• Duration Of Justice: 1 month(s) 16 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 19-12-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2004-2005
• Appeal Filed On: 03-11-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: S SRIDHAR
• Keywords: Rectification of order

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : CHENNAI [BEFORE SHRI HARI OM MARATHA, JUDICIAL MEMBER AND SHRI N.S. SAINI, ACCOUNTANT MEMBER] M.P.NOS. 211 & 212/MDS/2011 [ARISING OUT OF I .T.A NOS. 1963 AND 1964/MDS/2010 ] ASSESSMENT YEARS : 2004-05 AND 2006-07 M/S MADRAS GYMKHANA CLUB THE ISLAND, ANNA SALAI CHENNAI VS THE ASST. COMMISSIONER OF INCOME-TAX BUSINESS RANGE VI CHENNAI (PETITIONER) (RESPONDENT) PETITIONER BY : SHRI S.SRIDHAR, ADVOCATE RESPONDENT BY : SHRI SHAJI P. JACOB, SR.DR DATE OF HEARING : 25.11.2011 DATE OF PRONOUNCEMENT : 19-12-2011 O R D E R PER HARI OM MARATHA, JUDICIAL MEMBER: THROUGH THESE MISCELLANEOUS PETITI ONS, THE ASSESSEE HAS SOUGHT RECTIFICATION OF MISTAKES ALLEGEDLY CREPT IN TO THE COMMON ORDER OF THE TRIBUNAL DATED 03-08-2011 PASSED IN I.T.A.NO S.1963 AND 1964/MDS/2010. 2. AS PER THE ASSESSEE, THE TRIBUNAL HAS FAILE D TO CONSIDER THE DECISION OF HON'BLE SUPREME COURT DATED 28-7-2009 R ENDERED IN THE CASE OF CIT VS CANARA BANK GOLDEN JUBILEE STAFF WEL FARE FUND, S.L.P.(C) NO.19004 OF 2009, 320 ITR 23 (ST.) AND TH AT OF HON'BLE M.P 212 & 213/11 :- 2 -: MADRAS HIGH COURT RENDERED IN ASSESSEES OWN CASE R EPORTED IN 328 ITR 348(MAD), WHILE DEALING WITH THE PRINCIPLE OF MUTUALITY. THEREFORE, A MISTAKE APPARENT FROM RECORD HAS CREPT INTO THE ORDER OF THE TRIBUNAL WHICH NEEDS TO BE RECTIFIED. ON THE O THER HAND, THE LD.DR HAS SUPPORTED THE ORDER OF THE TRIBUNAL. 3. AFTER CONSIDERING THE RIVAL SUBMISSIONS, WE ARE OF THE CONSIDERED OPINION THAT THE TRIBUNAL HAS OMITTED TO CONSIDER THE DECISION OF HON'BLE SUPREME COURT (SUPRA), AND THER EFORE, A MISTAKE APPARENT FROM RECORD HAS CREPT INTO THE TRIBUNAL OR DER. NON- CONSIDERATION OF A DECISION OF HON'BLE APEX COURT A MOUNTS TO A MISTAKE APPARENT FROM RECORD. THE DECISION OF HON' BLE JURISDICTIONAL HIGH COURT HAS ALSO A BINDING RELEVANCE, THEREFORE, IT IS ALSO COVERED U/S 254(2) OF THE ACT. ACCORDINGLY, WE RECALL THE ORDER IN QUESTION AND DIRECT THE REGISTRY TO POST THE APPEALS FOR HEA RING IN DUE COURSE. 4. IN THE RESULT, THE MISCELLANEOUS PETITIONS STA ND ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 1 9-12-2011. SD/- SD/- (N.S.SAINI) ACCOUNTANT MEMBER ( HARI OM MARATHA ) JUDICIAL MEMBER DATED: 19 TH DECEMBER, 2011 RD COPY TO: PETITIONER/RESPONDENT/CIT(A)/CIT/DR