M/s S.E.Investments Ltd., Agra V. A.C.I.T.,4(1), Agra

MA 25/AGR/2004

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 7121 (ITAT-AGRA)
• Duration Of Justice: 7 year(s) 5 month(s) 13 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 13-10-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 13-10-2011
• Assessment Year: 1998-1999
• Appeal Filed On: 30-04-2004
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: A K SHARMA
• Assessee Lawyers: R C TOMAR I T P; S C SHARMA DIRECTOR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, AGRA BENCH, AGRA BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI B.C. MEENA, ACCOUNTANT MEMBER MISC. APPLICATION NOS. 25/AGR./2004 (IN INTEREST TAX APPEAL NO. 01/AGR/2002) ASSESSMENT YEAR : 1998-99 M/S. S.E. INVESTMENTS LIMITED, VS. ASSTT. COMMISS IONER OF BLOCK-54, 1 ST FLOOR, INCOME-TAX, 4(1), AGRA. SANJAY PLACE, AGRA. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI S.C. SHARMA, DIRECTOR & SH. R .C. TOMAR, I.T.P. RESPONDENT BY : SHRI A.K. SHARMA, JR. D.R. DATE OF HEARING : 13.10.2011 DATE OF PRONOUNCEMENT : 13.10.2011 ORDER PER H.S. SIDHU, JM: THE ASSESSEE HAS MOVED THE AFORESAID MISC. APPLIC ATION FOR RECTIFYING THE ORDER DATED 14.08.2003 PASSED BY THIS BENCH. EARLIER TO THIS, T HE ASSESSEE MOVED JOINT MISC. APPLICATIONS NOS.20 TO 25/AGR./2004 IN INTEREST TAX APPEAL NOS.1 5 TO 19/AGR./2002 AND INTEREST TAX APPEAL NO. 01/AGR./2002 TAKING ALMOST SIMILAR GROUNDS IN A LL THE MISCELLANEOUS APPLICATIONS, BUT LATER ON, THE ASSESSEE MOVED A SEPARATE MISC. APPLICATION NO. 25/AGRA/2004 IN INTEREST TAX APPEAL NO. 01/AGR/2002 FOR THE ASSESSMENT YEAR 1998-99 TAK ING ALMOST SIMILAR GROUNDS AS THE ASSESSEE HAS TAKEN IN MISC. APPLICATION NOS. 20 TO 24/AGR./2 004 IN INTEREST TAX APPEAL NOS. 15 TO 19/AGR./2002 FOR THE ASSESSMENT YEARS 1994-95 TO 19 97-98 AND 1999-2000. THERE BEING A DIFFERENCE BETWEEN THE MEMBERS, WHO ORIGINALLY HEARD THE MISC. APPLICATIONS NOS. 20 TO 24/AGR./2004, THE HONBLE P RESIDENT HAS NOMINATED HONBLE VICE- 2 PRESIDENT, DELHI ZONE AS THIRD MEMBER TO RESOLVE TH E DIFFERENCES U/S. 255(4) OF THE INCOME-TAX ACT, 1961. THE HONBLE THIRD MEMBER FINALLY DECIDED THE MATTER ON 30.08.2011 BY DISMISSING MISC. APPLICATION NOS. 20 TO 24/AGR./2004 (SUPRA) B Y AGREEING WITH THE VIEW EXPRESSED BY THE LD. ACCOUNTANT MEMBER AND HELD THAT THE TRIBUNAL ORDER DOES NOT REQUIRE TO BE RECALLED, AS REQUESTED BY THE ASSESSEE IN THE SAID MISC. APPLICATIONS. THE PRESENT MISC. APPLICATION, I.E., M.A. NO. 25/A GR./2004 IN INTEREST TAX APPEAL NO. 01/AGR./2002 FOR THE ASSESSMENT YEAR 1998-99 CAME U P FOR HEARING BEFORE THIS BENCH TODAY, I.E., 13.10.2011. AS PER RECORD, SHRI S.C. SHARMA, DIRECT OR OF THE ASSESSEE-COMPANY FILED AN APPLICATION ON 12.10.2011 IN THE OFFICE REQUESTING FOR WITHDRAWAL OF PRESENT MISC. APPLICATION NO. 25/AGRA/2004. THE CONTENTS OF THE SAME ARE REPR ODUCED AS UNDER : BEFORE THE HONORABLE INCOMETAX APPELLATE TRIBUNAL, AGRA BENCH IN THE CASE OF S.E. INVESTMENTS LIMITED, SANJAY PLA CE, AGRA MA NO. 25/AGRA/2002 IN ITA NO. 01/AGRA/2002, ASSESS MENT YEAR 1998-99 HONORABLE SIR, THE APPELLANT COMPANY HAS MOVED APPLICATION U/S. 17 (1) OF INTEREST TAX ACT, 1974 AGAINST ITAT ORDER IN RESPECT OF ASSESSME NT YEAR 1994-95, 1995-96, 1996-97, 1997-98 AND 1999-2000 BECAUSE HIS GROUNDS OF APPEAL AS POINTED OUT IN THE MISC. APPLICATION PETITION FILED FOR THE ASSESS MENT YEAR AFORESAID WERE NOT ADJUDICATED. HOWEVER IN RESPECT OF ASSESSMENT YEAR 1998-99 THE ASSESSEES APPEAL WAS ALLOWED BY LEARNED CIT AND THEREFORE, NO APPEAL WAS FILED BY THE ASSESSEE. IT WAS THE REVENUE WHO FILED THE APPEAL FOR ASSESSMENT YEA R 1998-99. THIS FACT IS ALSO APPARENT FROM MISC. APPLICATION FILED ON 30.04.2004 AND 09.08.2006. THEREFORE, IT IS SUBMITTED THAT NO MISC. APPLICATION FOR ASSES SMENT YEAR 1998-99 WAS MOVED. 3 PRAYER IT IS, THEREFORE, PRAYED THAT MISC. APPLICATION FOR ASSESSMENT YEAR 1998-99, THERE BEING NO APPEAL FILED BY THE ASSESSEE FOR ASSESSMEN T YEAR 1998-99, MAY KINDLY BE TREATED/ALLOWED TO HAVE BEEN WITHDRAWN. SUBMITTED FOR S.E. INVESTMENTS LTD. SD/- (DIRECTOR) (S.C. SHARMA) DIRECTOR KEEPING IN VIEW OF THE CONTENTS OF THE SAID APPLICA TION, THE OFFICE PUT UP THE SAME BEFORE THIS BENCH FOR CONSIDERATION, BUT TODAY AGAIN, SHRI R.C. TOMAR, ITP AND SHRI S.C. SHARMA, DIRECTOR OF THE ASSESSEE COMPANY FILED ANOTHER APPLICATION D ATED 13.10.2011 STATING THAT HE HAS MOVED THE APPLICATION DATED 12.10.2011 UNDER SOME MIS-ADVICE AND HE WANTS TO WITHDRAW THE SAME AND THE ASSESSEE MAY KINDLY BE ALLOWED A HEARING TO EXPLAIN THE FACTS. THE CONTENTS OF THE APPLICATION FILED BY SC SHARMA, DIRECTOR OF THE COMPANY DATED 1 3.10.2011 IS REPRODUCED AS UNDER : BEFORE THE HONBLE INCOME TAX APPELLATE TRIBUNAL, AGRA BENCH, AGRA. IN THE CASE OF S.E. INVESTMENTS LTD., MA NO. 25/AGRTA/2004 IN ITA NO. 01/AG/02 A.Y. 1 998-99 HONBLE SIR, KINDLY REFER TO THE PETITION WITHDRAWING MISC. APP LICATION FOR ASSTT. YEAR 98-99 MOVED YESTERDAY, I.E., ON 12.10.2011. IT WAS MOVED UNDER SOME WRONG UNDERSTANDING AND MI S-ADVICE TO THE DIRECTOR. THE SAME WOULD AFFECT THE HONBLE ITATS ORDER AS A WHOLE AS ALSO THE DISSENTING ORDER PASSED BY ITAT. THE SAME IS, THEREFORE, HEREBY WITH DRAWN & THE ASSESSEE MAY KINDLY BE ALLOWED A HEARING TO EXPLAIN THE FACTS. SUBMITTED SD/- (R.C. TOMAR) DT. 13.10.2011 ITP COUNSEL FOR APPELLANT 4 M/S. SE INVESTMENTS LTD. BEFORE THE HONORABLE INCOMETAX APPELLATE TRIBUNAL, AGRA BENCH IN THE CASE OF S.E. INVESTMENTS LIMITED, SANJAY PLA CE, AGRA MA NO. 25/AGRA/2002 IN ITA NO. 01/AGRA/2002, ASSESS MENT YEAR 1998-99 HONORABLE SIR, KINDLY REFER TO THE PETITION WITHDRAWING MISC. APPL ICATIONS FOR ASSTT. YEAR 1998-99 MOVED YESTERDAY THAT IS ON 12.10.2011. IT WAS MOVED UNDER SOME WRONG UNDERSTANDING AND MI S-ADVICE TO THE DIRECTOR. THE SAME WOULD AFFECT THE HONBLE ITATS ORDER AS A WHOLE AS ALSO THE DISSENTING ORDER PASSED BY ITAT. THE SAME IS, THEREFORE, HEREBY WITH DRAWN & THE ASSESSEE MAY KINDLY BE ALLOWED A HEARING TO EXPLAIN THE FACTS. SUBMITTED FOR S.E. INVESTMENTS LTD. SD/-13.10.11 (S.C. SHARMA) DIRECTOR AFTER GOING THROUGH THE CONTENTS OF THE MISC. APPL ICATION NO. 25/AGR/2004 AS WELL AS THE APPLICATIONS DATED 12.10.2011 AND 13.10.2011 REPROD UCED ABOVE, WE HAVE HEARD SHRI S.C. SHARMA, DIRECTOR OF THE COMPANY ALONGWITH SHRI R.C. TOMAR, ITP WHO HAS ALSO FILED AN AUTHORIZATION DATED 12.10.2011. AFTER HEARING BOTH THE PARTIES AS WELL AS THE CONTENTION RAISED IN THE AFORESAID MISC. APPLICATION, WE ARE OF THE CONS IDERED OPINION THAT THE ASSESSEE HAS RAISED ALMOST SIMILAR POINT/ISSUE IN M.A. NOS. 20 TO 24/AG R/2004 (SUPRA) WHICH HAS BEEN ADJUDICATED AND DECIDED BY THE LD. THIRD MEMBER AND DISMISSED T HE MISC. APPLICATIONS BY HOLDING THAT THE TRIBUNAL ORDER DOES NOT REQUIRE TO BE RECALLED AS R EQUESTED BY THE ASSESSEE IN THESE MISC. APPLICATIONS. SO WE ARE OF THE VIEW THAT THE ASSESS EE OR HIS AR HAS NOT ESTABLISHED OR CONVINCED THIS BENCH TO DIFFER FROM THE ORDER OF THE LD. THIR D MEMBER DATED 30.08.2011. EVEN THE LD. COUNSEL FOR THE ASSESSEE COULD NOT POINT OUT ANY MI STAKE IN THE TRIBUNAL ORDER DATED 14.08.2003. 5 THEREFORE, RESPECTFULLY FOLLOWING THE ORDER DATED 3 0.08.2011 PASSED BY THE LD. THIRD MEMBER, WE ARE OF THE CONSIDERED OPINION THAT THERE IS NO MIST AKE APPARENT ON RECORD. THEREFORE, THERE IS NO INFIRMITY IN THE TRIBUNAL ORDER. IN THE RESULT, THE MISC. APPLICATION FILED BY THE ASSESSEE IS DISMISSED. (ORDER PRONOUNCED IN THE OPEN COURT ON 13.10.2011) SD/- SD/- (B.C. MEENA) (H.S. SIDHU) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 13 TH OCTOBER, 2011 *AKS/- COPY OF THE ORDER FORWARDED TO : 1. APPELLANT 2. RESPONDENT 3. CIT(A) BY ORDER 4. CIT, CONCERNED 5. DR, ITAT, AGRA 6. 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