M/s. Bishan Steel Industries, Amritsar. V. The Asstt. Commissioner of Income-tax, Circle-1, Amritsar.

MA 30/ASR/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 0230 (ITAT-AMRITSAR)
• Duration Of Justice: 4 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 28-03-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 01-03-2019
• Assessment Year: 2011-2012
• Appeal Filed On: 26-11-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: TARUN BANSAL LD

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR BEFORE SH. SANJAY ARORA, ACCOUNTANT MEMBER AND SH. N.K.CHOUDHRY, JUDICIAL MEMBER M.A NO.30(ASR)/2018 (ARISING OUT OF C.O.NO.53 (ASR)/2014) ITA NO.590(ASR )/2014 ASSESSMENT YEAR:201 1-12 M/S BISHAN STEEL, INDUSTRIES TOP FLOOR, BISHAN HOUSE, KAMLA MARKET, KARMON DEORI, AMRITSAR. [PAN: AAAFB 9250F] VS. ASST. CIT, CIRCLE-1, AMRITSAR (APPELLANT) (RESPONDENT) APPELLANT BY: SH. TARUN BANSAL (LD.ADV.) RESPONDENT BY: SH. CHARAN DASS (LD. DR) DATE OF HEARING: 01.03.2019 DATE OF PRONOUNCEMENT: 28.03.2019 ORDER PER N.K.CHOUDHRY, JM: THE ASSESSEE BY WAY OF INSTANT MISC. APPLICATION SOUGHT RECTIFICATION OF THE ORDER DATED 29.10.2018 PASSED IN I TA NO.590/ASR/2014 AND CROSS OBJECTION NO.53/ASR/2014 WHERE BY THE APPEAL OF THE DEPARTMENT IN VIEW OF THE CBDT INSTRUC TION NO.03 OF 2018 DATED JULY 11, 2018, WAS DISMISSED AS WITHDRAWN B EING THE TAX INVOLVED LESS THAN 20 LACS. BY THE SAID ORDER, CROSS OBJECTION OF THE ASSESSEE WAS ALSO DISMISSED ON BECOMING INFRUCTUOUS, HOWEV ER THE STANDS OF THE ASSESSEE IS THAT THE ASSESSEE NEVER WITHDRA WN THE CROSS OBJECTION AND THEREFORE THE ORDER IS REQUIRED TO BE RECTIFIED IN AS MUCH AS FOR ADJUDICATION OF THE CROSS OBJECTION INDEPEND ENTLY. M.A.NO.30/ASR/2018 (A.Y.2011-12) M/S B ISHAN STEEL INDUSTRIES VS. ACIT 2 2. THE REVENUE DEPARTMENT DID NOT REFUTE THE CLAIM O F THE ASSESEEE. 3. HAVING PERUSED THE ORDER UNDER RECTIFICATION AND TH E RELEVANT FILES, IT SEEMS THAT THE BENCH WHILE DISPOSING OF THE APPEAL OF THE REVENUE DEPARTMENT BEING AMOUNT INVOLVED LESS THAN 20 LACS, THE CROSS OBJECTION OF THE ASSESSEE ALSO HELD TO BE INFRUCTUOUS A ND DISMISSED INADVERTENTLY. HENCE, CONSIDERING THE PECULIAR F ACTS AND CIRCUMSTANCES, WE ARE INCLINED TO RECTIFY THE ORDER. PARA NO.4 OF THE ORDER DATED 29.10.2018, WHICH SAYS THAT: SINCE, WE HAVE DISMISSED THE APPEAL OF THE REVENUE AS NOT MAINTAINABLE, THEREFORE, THE CROSS OBJECTION FILED BY THE ASSESSEE HAS BECOME INFRUCTUOUS AND THEREFORE, SAME IS ALSO DISMISSED. (A) PARA NO.4 OF THE ORDER STANDS DELETED. (B) PARA NO.5 OF THE ORDER BE READ AS UNDER: IN THE RESULT, THE APPEAL OF THE REVENUE DEPARTMEN T IS DISMISSED. RESULTANTLY, THE C.O. OF THE ASSESSEE STANDS DETACHED FROM THE APPEAL AND REGISTRY IS DIRECTED TO FIX THE CROSS OBJ ECTION FOR HEARING ON DATED 22.04.2019. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE STANDS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 28.03.2019 . SD/- SD/- (SANJAY ARORA) (N.K.CHOUDHRY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED:28.03.2019 /PK/ PS. M.A.NO.30/ASR/2018 (A.Y.2011-12) M/S B ISHAN STEEL INDUSTRIES VS. ACIT 3 COPY OF THE ORDER FORWARDED TO: (1) THE M/S BISHAN STEEL, INDUSTRIES TOP FLOOR, BISHAN HOUSE, KAMLA MARKET, KARMON DEORI, AMRITSAR. (2) THE ASST. CIT, CIRCLE-1, AMRITSAR (3) THE CIT(A), AMRITSAR. (4) THE CIT, CONCERNED (5) THE SR DR, I.T.A.T., AMRITSAR TRUE COPY BY ORDER