Appeal details
Counselvise Citation
[2022] 104 COUNSELVISE.COM (IT) 3542 (ITAT-CHENNAI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
2 year(s) 6 month(s) 29 day(s)
Appellant
Respondent
Appeal Type
Miscellaneous Application
Pronouncement Date
14-07-2022
Appeal Filed By
Department
Order Result
Dismissed
Bench Allotted
C
Next Hearing Date
14-07-2022
Assessment Year
2013-2014
Appeal Filed On
15-12-2019
Judgement Text
आयकरअपीलीयअिधकरण,‘ सी’ यायपीठ,चे ई IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH, CHENNAI ी वी दुगा राव, याियक सद य एवं ी जी मंजूनाथा, लेखा सद य के सम BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI G. MANJUNATHA, ACCOUNTANT MEMBER Miscellaneous Application Nos.324 & 325/CHNY/2019 [In I.T.A. Nos.337 & 338/Chny/2019) Assessment Years 2013-2014 and 2014-2015 The Deputy Commissioner of Income Tax, Non Corporate Circle – 1, Aayakar Bhawan, No.121, M.G. Road, Chennai – 600 034 Vs. M/s. Jain Housing, No.98/99, Habibullah Road, T. Nagar, Chennai – 600 017. PAN: AAEFJ 2408B (अपीलाथ /Appellant) ( यथ /Respondent) Petitioner by : Shri. ARV Sreenivasan, Addl. CIT Respondent by : Shri Shrenik Chordia, CA सुनवाई क तारीख/Date of Hearing : 15.07.2022 घोषणा क तारीख/Date of Pronouncement : 15.07.2022 आदेश आदेशआदेश आदेश /O R D E R PER G. MANJUNATHA, ACCOUNTANT MEMBER: The Revenue has filed the present Miscellaneous Applications against the order of the Tribunal in I.T.A. Nos.337 & 338/Chny/2019 dated 08.08.2019 relevant to the Assessment Years 2013-2014 and 2014-2015. 2. The Revenue has narrated the facts and mistakes stated to be apparent on record from the order of the Tribunal :: 2 :: M.A. Nos.324 & 325/CHNY/2019 dated 08.08.2019. The learned Departmental Representative for the Revenue referring to the Miscellaneous Application filed by the Assessing Officer submitted that for the Assessment Year 2014 – 2015, the Assessing Officer has not made out any case of mistakes in the order of the Tribunal and thus the Miscellaneous Application filed for the Assessment Year 2014 – 2015 may be dismissed. 3. The learned Authorized Representative for the Assessee supporting the order of the Tribunal submitted that the Assessing Officer has failed to make out the case of mistakes apparent on record. Therefore, considering the fact that the Miscellaneous Application filed by the Assessing Officer for the Assessment Year 2014 – 2015 is infructuous as thus dismissed as not maintainable. 4. Coming back to the Miscellaneous Application filed for the Assessment Year 2013 – 2014. The learned Departmental Representative submitted that the Assessing Officer has disallowed the interest u/s.36(1)(iii) of the Income Tax Act, 1961 amounting to Rs.46,57,535/- for the Assessment Year 2013 – 2014 and Rs.42,80,080/- for the Assessment Year 2014 – 2015. The Assessee had challenged the disallowance of :: 3 :: M.A. Nos.324 & 325/CHNY/2019 interest before the Commissioner of Income Tax (Appeals). The CIT(A) in the appellate proceedings has noted that the Assessee has not pressed the disallowance of interest for the Assessment Year 2013 – 2014 and hence the ground raised by the Assessee is dismissed as not pressed. However, for the Assessment Year 2014 – 2015, the CIT(A) has already been given partial relief where he has sustained additions to the extent of Rs.12,57,757/- and deleted additions to the extent of Rs.30,34,323/-. But, the Tribunal in its order dated 08.08.2019 by an inadvertent error set aside the issue of disallowance of interest u/s.36(1)(iii) of the Act, even though the Assessee does not challenge the said disallowance of interest for the Assessment Year 2013 – 2014. Further, the Tribunal has considered relief allowed by the CIT(A) amounting to Rs.30,34,323/- for the Assessment Year 2014 – 2015, even though the said relief pertains to the Assessment Year 2013 – 2014. Therefore, in our considered opinion the findings recorded by the Tribunal in paragraph no.10 of its order dated 08.08.2019 constitutes mistakes apparent on record which needs to be rectified u/s.254(2) of the Income Tax Act, 1961 and hence we recall the order of the Tribunal qua paragraph No.10 and re-adjudicate the issue after considering the relevant :: 4 :: M.A. Nos.324 & 325/CHNY/2019 facts and expunge the observations given by the Tribunal in paragraph no.10 of its order in total. 6. In the result, the Miscellaneous Applications filed by the Revenue in M.A. No.324/CHNY/2019 is dismissed and M.A. No.325/CHNY/2019 is allowed. Order pronounced in the court on 15 th July, 2022 at Chennai. Sd/- Sd/- (वी दुगा राव) (V. DURGA RAO) याियक सद य/JUDICIAL MEMBER (जी मंजूनाथा) ( G. MANJUNATHA) लेखा सद य/ACCOUNTANT MEMBER चे ई/Chennai, दनांक/Dated, the 15 th July, 2022 IA, Sr. PS आदेशकी ितिलिपअ ेिषत/Copy to: 1. अपीलाथ /Appellant 2. थ /Respondent 3. आयकरआयु (अपील)/CIT(A) 4. आयकरआयु /CIT 5. िवभागीय ितिनिध/DR 6. गाड फाईल/GF
