Ramco Industries Ltd., CHENNAI V. Addl. CIT, Virudhunagar

MA 286/CHNY/2017

• Counselvise Citation: [2018] 123 COUNSELVISE.COM (IT) 5668 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 30 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 05-01-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 06-10-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: GOPI KRISHNA
• Assessee Lawyers: V JAGADISAN
• Keywords: Rectification of order

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , A BENCH, CHENNAI . . . , . , !' BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER MISCELLANEOUS PETITION NOS.285 & 286/MDS/2017 IN I.T.A.NOS.1876 & 1877/MDS/2016 ( / ASSESSMENT YEARS : 2010-11 & 2011-12) M/S. RAMCO INDUSTRIES LTD., P.S.K. NAGAR, RAJAPALAYAM. VS THE ADDL. COMMISSIONER OF INCOME TAX, VIRUDHUNAGAR RANGE, VIRUDHUNAGAR PAN: AAACR5284J (PETITIONER) ( / RESPONDENT) APPLICANT BY : SHRI V. JAGADISAN, FCA /RESPONDENT BY : SHRI GOPIKRISHNA, JCIT /DATE OF HEARING : 05.01.2018 /DATE OF PRONOUNCEMENT : 05.01.2018 / O R D E R PER A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER: THESE MISCELLANEOUS PETITIONS ARE FILED BY THE ASSE SSEE PRAYING FOR RECTIFICATION OF MISTAKE APPARENT ON RECORD BY RECALLING THE ORDER OF THE TRIBUNAL PASSED IN ITA NOS.1876 & 1877/MDS/2 016 DATED 14.07.2017 FOR THE ASSESSMENT YEARS 2010-11 & 2011- 12. 2. AT THE OUTSET THE LD.AR SUBMITTED BEFORE US THAT HE HAD NOT PRESSED THE GROUND WITH RESPECT TO DISALLOWANCE U/S .14A R.W.R. 8D OF THE RULES ONLY FOR THE ASSESSMENT YEAR 2009-10 A ND NOT FOR THE 2 MP NO.285 & 286/MDS/2017 ASSESSMENT YEARS 2010-11 & 2011-12. HOWEVER, THE BE NCH OF THE TRIBUNAL HAD MISTOOK HIS SUBMISSION THAT THE ABOVE MENTIONED GROUND WAS NOT PRESSED FOR THE ASSESSMENT YEARS 201 0-11 & 2011- 12 ALSO AND ACCORDINGLY DISMISSED THE GROUND FOR TH E ASSESSMENT YEARS 2010-11 & 2011-12 AS NOT PRESSED. IT WAS TH EREFORE PLEADED THAT THE ORDER OF THE TRIBUNAL FOR THE ASSESSMENT Y EAR 2010-11 & 2011-12 WITH RESPECT TO THE ISSUE OF DISALLOWANCE U /S.14A R.W.R. 8D OF THE RULES MAY BE RECALLED FOR ADJUDICATION. 3. THE LD.DR COULD NOT CONTROVERT TO THE SUBMISSION OF THE LD.AR. 4. AFTER HEARING THE LD.AR AND EXAMINING THE FILE W E FIND MERIT IN HIS SUBMISSIONS. AT THE TIME OF HEARING, THE LD. AR HAD NOT PRESSED THE GROUND WITH RESPECT TO THE DISALLOWANCE U/S.14A R.W.R.8D OF THE RULES ONLY FOR THE ASSESSMENT YEAR 2009-10. THEREFORE, WE HEREBY RECALL THE ORDER OF THE TRIBUN AL FOR THE ASSESSMENT YEARS 2010-11 & 2011-12 WITH RESPECT TO THE ISSUE OF DISALLOWANCE U/S.14A R.W.R. 8D OF THE RULES FOR FRE SH ADJUDICATION. IT IS ORDERED ACCORDINGLY. 3 MP NO.285 & 286/MDS/2017 5. THE REGISTRY IS HEREBY DIRECTED TO POST BOTH THE APPEALS FOR HEARING IN DUE COURSE AND INTIMATE BOTH THE PARTIES . 6. IN THE RESULT, THE MISCELLANEOUS PETITIONS OF THE ASSESSEE ARE ALLOWED AS INDICATED HEREIN ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON THE 5 TH JANUARY, 2018 AT CHENNAI. SD/- SD/- ( . . . ) (N.R.S. GANESAN) /JUDICIAL MEMBER ( . ) (A. MOHAN ALANKAMONY) /ACCOUNTANT MEMBER /CHENNAI, ! /DATED 5 TH JANUARY, 2018 RSR . $%&' ()& /COPY TO: 1. APPLICANT 2. RESPONDENT 3. * ( ('% )/CIT(A) 4. * /CIT 5. &,- . /DR 6. -/ % /GF.