Maheshwari Megaventures Limited , Hyderabad V. Asst. Commissioner of Income Tax, Circle-16(2), Hyderabad

MA 36/Hyd/2021

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 8566 (ITAT-HYDERABAD)
• Duration Of Justice: 4 month(s) 29 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 14-11-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB-B
• Assessment Year: 2013-2014
• Appeal Filed On: 16-06-2021
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 14A; 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES “B”: HYDERABAD (THROUGH VIRTUAL CONFERENCE) B EFORE SH RI SA TBEER SING H GODA RA, JU DI CIA L MEM BER AND SHR I L AXMI PR AS A D SAHU , AC COUNT ANT MEMBE R M.A. Nos. 36 & 37/Hyd/2021 (in ITA Nos. 1742 & 1743/H/2018 Assessment Years: 2013-14 & 2014-15) Maheswari Mega Ventures Ltd., Hyderabad PAN – AADCM 9780D Vs. Asst. Commissioner of Income-tax, Circle – 16(2), Hyderabad. (Appellants) (Respondent) Assessee by: Shri K.C. Devdas Revenue by: S/Shri Y.V.S.T. Sai & Srikanth Date of hearing: 24/09/2021 Date of pronouncement: 15/11/2021 O R D E R PER L.P. SAHU, AM: These Miscellaneous Applications are filed by the assessee u/s 254(2) of the Income Tax Act seeking rectification/modification of the order of the Tribunal dated 07/05/2021 in ITA Nos. 1742 & 1743/Hyd/2018. 2. In the MAs, the assessee, inter-alia, stated that due to sheer inadvertence/oversight, the written submissions of the appellant filed on 23/03/2021 does not seem to have MA Nos. 36 & 37/Hyd/2021 M / s M a h e s w a r i M e g a V e n t u r e s L t d . , H y d . :- 2 -: been considered while passing the order and allowing the appeal of the appellant in part and in restricting the disallowance u/s 14A r.w. rule 8D to Rs. 4,99,674/- and Rs. 4,28,292/- for the AY 2013-14 and 2014-15 respectively, which ought to have been restricted to Rs. 11,902/- and Rs. 11,917/- for the AYs 2013-14 and 2014-15 respectively. 3. Referring to the above, the ld. AR of the assessee submitted that there is a mistake apparent from the record in the order passed by the Tribunal and the MAs may be considered as per the written submissions filed on 23/03/2021. 4. Ld. DR objected to the above submission of the ld. AR and submitted that there is no mistake apparent from record in the order passed by the ITAT. He also submitted that the Tribunal does not have any power to review its own order. 5. We have considered the rival submissions and perused the material on record. We observe that the Tribunal after considering the grounds raised in appeals, submissions made from both the sides and considering the documents available on record, passed the order. The Tribunal cannot review its own order in the garb of power vested u/s 254(2) of the Act. Therefore, recalling of the order in this case as sought by the Authorized MA Nos. 36 & 37/Hyd/2021 M / s M a h e s w a r i M e g a V e n t u r e s L t d . , H y d . :- 3 -: Representative will tantamount to review of the order which is not permitted under the law. This power is not vested with the Tribunal. For this proposition, we rely on the decision of the ITAT, Mumbai Benches in the case of Gateway Terminals India Pvt. Ltd. Vs. DCIT, [2021] 128 Taxmann.com 314. Accordingly, we dismiss the MAs filed by the assessee. 6. In the result, MAs filed by the assessee are dismissed in above terms. A copy of this common order be placed in the respective files. Pronounced in the open court on 15 th November, 2021. Sd/- (S.S. GODARA) JUDICIAL MEMBER Sd/- (L.P. SAHU) ACCOUNTANT MEMBER Hyderabad, dated 15 th November, 2021 kv Copy to 1 M/s Maheswari Mega Ventures Ltd., 8-2-608/35-36, Road No. 10, Banjara Hills, Hyderabad. 2 ACIT, Circle – 16(2), Hyderabad. 3 CIT(A) - 4, Hyderabad. 4 Pr. CIT – 4, Hyderabad. 5 ITAT, DR, Hyderabad. 6 Guard File. MA Nos. 36 & 37/Hyd/2021 M / s M a h e s w a r i M e g a V e n t u r e s L t d . , H y d . :- 4 -: S.No. Details Date 1 Draft dictated on 2 Draft placed before author 3 Draft proposed & placed before the Second Member 4 Draft discussed/approved by Second Member 5 Approved Draft comes to the Sr. PS/PS 6 Kept for pronouncement 7 File sent to Bench Clerk 8 Date on which the file goes to Head Clerk 9 Date on which file goes to A.R. 10 Date of Dispatch of order