Casio Bharti Mobile Communication Ltd, V. Addl CIT Spl Range II,

MA 340/DEL/2010

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 4902 (ITAT-DELHI)
• Duration Of Justice: 5 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 03-09-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 1998-1999
• Appeal Filed On: 01-04-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MANISH GUPTA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH B : NEW DELHI BEFORE SHRI R.P.TOLANI, JM AND SHRI R.C.SHARMA, AM MISCELLANEOUS APPLICATION NO.340/DEL/2010 (IN ITA NO.3458/DEL/2007) ASSESSMENT YEAR : 1998-99 M/S CASIO INDIA CO.(P) LTD., C-2, GREEN PARK EXTENSION, NEW DELHI 110 016. VS. ADDL.COMMISSIONER OF INCOME TAX, SPECIAL RANGE-2, NEW DELHI. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI SALIL KAPOOR, ADVOCATE WITH SHRI PANKAJ RAWAL, CA. RESPONDENT BY : SHRI MANISH GUPTA, SR.DR. ORDER PER R.C.SHARMA, AM : THIS MISCELLANEOUS APPLICATION ARISES OUT OF THE O RDER OF THE TRIBUNAL DATED 31.12.2009. THROUGH THIS PETITION, IT WAS CONTENDE D BY THE LEARNED AR THAT FOLLOWING TWO SPECIFIC GROUNDS WERE TAKEN BY THE AS SESSEE IN ITA NO.3458/DEL/2007 FOR THE AY 1998-99, BUT THE SAME W ERE NOT DISPOSED OF :- THE LEARNED CIT(A) HAS ERRED ON THE FACTS AND CIRC UMSTANCES OF THE CASE AND IN LAW IN UPHOLDING THE FOLLOWING ACTIONS OF ADDITIONS/DISALLOWANCES MADE BY THE ASSESSING OFFIC ER IN THE PRESENT CASE: III. RS.125,386/- BEING LOSS DUE TO SHORTAGE IN PHY SICAL STOCK IN RESPECT OF PAGERS WITH STAFF IN REGIONAL OFFICE. IV. RS.53,343/- BEING AMOUNT WRITTEN-OFF DURING THI S YEAR OUT OF VALUE OF PAGERS ISSUED TO STAFF IN REGIONAL OFFICE. 2. IT WAS REQUESTED THAT NOT DISPOSING THE SPECIFIC GROUNDS AMOUNTS TO A MISTAKE APPARENT FROM RECORD AND WHICH DESERVES TO BE RECTIFIED U/S 254(2) OF THE IT ACT. MA-340/DEL/2010 2 3. WE HAVE CONSIDERED THE RIVAL CONTENTIONS AND GON E THROUGH THE ORDERS OF THE TRIBUNAL AND FOUND THAT AT PAGE 4, THE TRIBUNAL ITSELF HAS NOTED THE GROUNDS RAISED BY THE ASSESSEE WITH REGARD TO LOSS DUE TO S HORTAGE IN PHYSICAL STOCK IN RESPECT OF PAGERS WITH STAFF IN REGIONAL OFFICE, AS WELL AS AMOUNT WRITTEN OFF DURING THE YEAR OUT OF VALUE OF PAGERS ISSUED TO THE STAFF IN THE REGIONAL OFFICE. WE FOUND THAT OUT OF TOTAL SIX GROUNDS RAISED BY THE ASSESSE E, THESE TWO GROUNDS WERE NOT DISPOSED OF, WHICH ARE LIABLE TO BE RECTIFIED U/S 2 54(2). ACCORDINGLY, WE RECALL THE ORDER WITH THE LIMITED ISSUE TO DECIDE AFRESH GROUN D NOS.4 & 5 AS STATED ABOVE. THE CASE WAS FIXED FOR HEARING ON MERITS WITH RESPE CT TO THESE GROUNDS ON 25 TH OCTOBER, 2010. THE DATE WAS ANNOUNCED IN THE OPEN COURT. NO SEPARATE NOTICE IS REQUIRED TO BE ISSUED. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION IS ALLOWED. DECISION PRONOUNCED IN THE OPEN COURT ON 3 RD SEPTEMBER, 2010. SD/- SD/- (R.P.TOLANI) (R.C.SHARMA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 03.09.2010. VK. COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT DEPUTY REGISTRAR MA-340/DEL/2010 3