M/s. Zodiac Eicher, Ahmedabad V. The Dy. CIT, Circle-6, Ahmedabad

MA 230/AHD/2018

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 4681 (ITAT-AHMEDABAD)
• Duration Of Justice: 6 month(s) 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 15-03-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2006-2007
• Appeal Filed On: 21-08-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: VIJAY RANJAN; IRA KAPOOR ARS
• Assessee Lawyers: LALIT P JAIN
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH BEFORE: SHRI AMARJIT SINGH, ACCOUNTANT MEMBER AND MS. MADHUMITA ROY, JUDICIAL MEM BER M/S. ZODIAC EICHER A/6, SATYAMEV COMPLEX- 1, 2 ND FLOOR, OPP. HIGH COURT, S.G. HIGHWAY, GHATLODIA, AHMEDABAD- 380061 PAN: AAA FZ3 166 E (APPELLANT) VS THE DCIT, CIRCLE-6, AHMEDABAD (RESPONDENT) REVENUE BY: SHRI VIJAY RANJAN & IRA KAPOOR, ARS ASSESSEE BY: SHRI LALIT P. JAIN, SR. DR DATE OF HEARING : 15-02-2019 DATE OF PRONOUNCEMENT : 15-03-2019 /ORDER PER : AMARJIT SINGH, ACCOUNTANT MEMBER:- THE ASSESSEE HAS FILED MISCELLANEOUS PETITION ON 21 .08.2018 AGAINST THE DECISION OF COORDINATE BENCH OF ITAT IN THE CASE OF ASSESSEE FOR ASSESSMENT YEAR 2006-07 VIDE ITA NO. 2258/AHD/2014 VIDE THE AF ORESAID MISCELLANEOUS M.A. NO. 230/AHD/2018 (IN ITA NO. 2258 /AHD/2018) ASSESSMENT YEAR 2006-07 M.A. NO.230 /AHD/2018 A.Y. 2006-07 PAGE NO M/S. ZODIAC EICHER VS. DCIT 2 PETITION THE ASSESSEE HAS CONTENDED THAT THE ITAT H AS ALLOWED THE APPEAL OF THE REVENUE WITHOUT CONSIDERING THE DECISION RELIED UPO N BY THE ASSESSEE. 2. FURTHER IN THE MISCELLANEOUS PETITION HAS PLACED RELIANCE ON THE OTHER JUDICIAL PRONOUNCEMENTS AS MENTIONED AT PARA 5 OF T HE MISCELLANEOUS PETITION. THE ASSESSEE HAS ALSO CONTENDED IN THE MISCELLANEOU S PETITION THAT NO PENALTY IS SUSTAINABLE ON ESTIMATION BASIS. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIAL ON RECORD CAREFULLY. 3. AFTER CONSIDERING THE MATERIAL ON RECORD WE OBS ERVED THAT IN THE CASE OF THE ASSESSEE THE ISSUE OF IMPOSING PENALTY U/S. 271 (1)(C) WAS ADJUDICATED AFTER CONSIDERING THE SPECIFIC FACTS AS ELABORATED IN THE ORDER OF THE ITAT VIDE ITA NO. 2258/AHD/2014 DATED 16.04.2018. WITHOUT REITER ATING THE SAME FACTS IT IS PERTINENT TO MENTION THAT IN THE CASE OF THE ASSESS EE THE AO HAS CONDUCTED IN DEPTH ENQUIRIES WITH THE HELP OF ADIT/DDIT AT VARIO US STATIONS SUCH AS SURAT, RAJKOT, GANDHIDHAM, BHAVNAGAR ETC. FROM WHICH IT WA S ESTABLISHED THAT NONE OF THE PARTIES WERE IN EXISTENCE AND THE PURCHASES SHOWN BY THE ASSESSEE WAS BOGUS. IT IS ALSO ELABORATED IN THE AFORESAID ORDE R THAT ESTIMATION OF PURCHASE IS NOT A GENERAL ESTIMATION BUT IT IS BASED ON SPECIFI C UNDISPUTED FACTS THAT THE GENUINENESS OF THE PURCHASES WAS NOT PROVED. BECAU SE IT WAS SUBSTANTIATED WITH RELEVANT MATERIAL ALONG WITH COMPLETE MODUS OPERANDI OF RECEIVING BOGUS BILLS OF PURCHASES WITHOUT ANY DELIVERY OF GOODS. THE FINDINGS OF THE ITAT IN THE CASE OF THE ASSESSEE VIDE THE AFORESAID ORDER W ERE GIVEN AFTER CONSIDERING THE FACT OF THE CASE AND MATERIAL ON RECORD. 4. IN THE LIGHT OF THE ABOVE AND CONSIDERING THE FI NDING ELABORATED IN THE AFORESAID ORDER OF THE ITAT WE OBSERVED THAT POWER OF RECTIFICATION U/S. 254(2) M.A. NO.230 /AHD/2018 A.Y. 2006-07 PAGE NO M/S. ZODIAC EICHER VS. DCIT 3 OF THE ACT CAN BE EXERCISED ONLY WHEN THE MISTAKE W HICH IS SOUGHT TO BE RECTIFIED IS AN OBVIOUS PATENT MISTAKE, WHICH APPAR ENT FROM RECORD AND NOT A MISTAKE WHICH IS REQUIRED TO BE ESTABLISHED BY ARGU MENTS AND LONG DRAWN PROCESS OF REASONING OF POINTS ON WHICH THERE MAY C ONCEIVABLE BE TWO OPINIONS. 5. IN VIEW OF THE ABOVE FACTS AND CIRCUMSTANCES WE DO NOT FIND ANY MERIT IN THE MISCELLANEOUS PETITION FILED BY THE ASSESSEE. THEREFORE, MISCELLANEOUS APPLICATION OF THE ASSESSEE IS DISMISSED. 6. IN THE RESULT, MISCELLANEOUS APPLICATION OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 15-03-2 019 SD/- SD/- (MADHUMITA ROY) (AMARJIT SINGH) JUDICIAL MEMBER A CCOUNTANT MEMBER AHMEDABAD : DATED 15/03/2019 TANMAY TRUE COPY / COPY OF ORDER FORWARDED TO:- 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ! , '#