The Cuttack Credit Co-Operative Society Ltd., Cuttack V. Principal CIT, Cuttack

MA 23/CTK/2019

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 5076 (ITAT-CUTTACK)
• Duration Of Justice: 2 year(s) 2 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 27-02-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2014-2015
• Appeal Filed On: 08-12-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, BEFORE S/ AND ARUN KHODPIA, ACCOUNTANT MEMBER The Cuttack Credit Co.op.Society Ltd., Arunodoya Market, Link Road, Cuttack PAN/GIR No. (Appellant Per C.M.Gar, JM By way of this miscellaneous petition assessee seeks to recall/rectify the Tribunal order dated 29.3.2019 in ITA No.201/CTK/2019 for the assessment year 2014 2. Ld A.R. of the assesse drew our attention towards Tribunal order dated 29.3.2019 (supra) and submitted that the assessee has raised two main grounds as per Form No.36 and also the written synopsis/submission containing 9 pages, which have been reproduced in the Tribunal order in para 3. Ld A.R. further drew our attention towards operative paras 4,5 & 6 to submit that the Tribunal has dec IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK S/SHRI CHANDRA MOHAN GARG, JUDICIAL AND ARUN KHODPIA, ACCOUNTANT MEMBER M.A.No.23/CTK/2019 (In ITA No.201/CTK/2019) Assessment Year : 2014-15 Cuttack Credit Co.op.Society td., Arunodoya Market, Link Road, Cuttack Vs. Pr. CIT, Cuttack No.AADAT 5204 f (Appellant) .. ( Respondent Assessee by : Shri Nihar Ranjan Biswal Revenue by : Shri Manoj Kumar Goutam Date of Hearing : 4 /2/ 20 Date of Pronouncement : 28/ O R D E R Per C.M.Gar, JM By way of this miscellaneous petition u/s.254(2) of the Act seeks to recall/rectify the Tribunal order dated 29.3.2019 in ITA No.201/CTK/2019 for the assessment year 2014-15. Ld A.R. of the assesse drew our attention towards Tribunal order dated 29.3.2019 (supra) and submitted that the assessee has raised two main grounds as per Form No.36 and also the written synopsis/submission containing 9 pages, which have been reproduced in the Tribunal order in para 3. Ld A.R. further drew our attention towards operative paras 4,5 & 6 to submit that the Tribunal has decided Ground No.2, which was pertaining Page1 | 3 IN THE INCOME TAX APPELLATE TRIBUNAL, JUDICIAL MEMBER AND ARUN KHODPIA, ACCOUNTANT MEMBER M.A.No.23/CTK/2019 201/CTK/2019) Pr. CIT, Cuttack Respondent) Nihar Ranjan Biswal, AR Manoj Kumar Goutam CIT (DR) / 2022 /2/2022 u/s.254(2) of the Act, the seeks to recall/rectify the Tribunal order dated 29.3.2019 in ITA Ld A.R. of the assesse drew our attention towards Tribunal order dated 29.3.2019 (supra) and submitted that the assessee has raised two main grounds as per Form No.36 and also the written synopsis/submission containing 9 pages, which have been reproduced in the Tribunal order in para 3. Ld A.R. further drew our attention towards operative paras 4,5 & 6 ided Ground No.2, which was pertaining M.A.No.23/CTK/2019 (In ITA No.201/CTK/2019) Assessment Year : 2014-15 Page2 | 3 to challenging of the assessee to the observations of Pr. CIT regarding assessee’s claim of deduction u/s. 80P(2)(a)(i) and/or 80P(2)(d) of the Act, which has been decided in the Tribunal order. Ld A.R. further pointed out that, however, Ground No.1 of the assessee challenging invocation of revisionary power u/s.263 of the Act has not been adjudicated by the Bench in the said Tribunal order, therefore, the order may kindly be recalled for adjudication of Ground No.1 of the assessee. 3. Replying to above, ld CIT DR opposed to the miscellaneous petition and submitted that there is no need to recalling of the Tribunal order for the purpose of adjudication of Ground No.1 of the assessee, as the findings and observations recorded by the Tribunal covers both the grounds. 4. On careful consideration of the rival submissions, we are of the considered view that ld CIT DR has objected to the recalling of the Tribunal order for the purpose of adjudication of Ground No.1 of the assessee. But from the careful and vigilant reading of the paras 4,5 & 6 of the Tribunal order, we are of the considered view that Ground No.2 of the assessee challenging the observations and findings recorded by Pr. CIT on merits have been decided but there is no adjudication regarding Ground No.1 of the assessee, in support of which, the assessee has placed written submission (supra) and has also placed reliance on various case laws/citations mentioned in the second part of para 3 of the Tribunal order. Therefore, in our considered view, inadvertently Ground No.1 of the M.A.No.23/CTK/2019 (In ITA No.201/CTK/2019) Assessment Year : 2014-15 Page3 | 3 assessee challenging the validity and legality of invocation of revisionary power u/s.263 of the Act by Pr. CIT, has not been adjudicated keeping in view the written submission as well as citations relied upon by the assessee. This is apparent mistake in the Tribunal order, therefore, the grievance of the assessee is allowed and the Tribunal order dated 29.3.2019 is recalled for the limited purposes i.e. for adjudication of Ground No.1 of the assessee only. The Registry is directed to fix the appeal for hearing on 10.3.2022 before the regular Bench. 5. In the result, M.A. is allowed for limited purposes. Order pronounced on 28 /2/2022. SD/- SD/- (Arun Khodpia) (Chandra Mohan Garg) ACCOUNTANT MEMBER JUDICIAL MEMBER Cuttack; Dated 28 /02/2022 B.K.Parida, SPS (OS) Copy of the Order forwarded to : By order Sr.Pvt.secretary ITAT, Cuttack 1. The Appellant : The Cuttack Credit Co.op.Society Ltd., Arunodoya Market, Link Road, Cuttack 2. The Respondent. Pr. CIT, Cuttack 3. The CIT(A)-, Cuttack 4. DR, ITAT, Cuttack 5. Guard file. //True Copy//