Goyal Synthetics Pvt.Ltd., Surat V. The ACIT, Circle-1, Surat

MA 37/AHD/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6507 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 30-06-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2002-2003
• Appeal Filed On: 30-03-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B L YADAV
• Assessee Lawyers: R K MALPANI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH 'D' BEFORE SHRI D K TYAGI,JM & SHRI A N PAHUJA, AM M A NO.37/AHD/2011 [IN ITA NO.989/AHD/2006 (ASSESSMENT YEAR:-2002-03) GOYAL SYNTHETICS PVT. LTD., 701, TRIVIDH CHAMBERS, RING ROAD, SURAT V/S ASST. COMMISSIONER OF INCOME-TAX, CIRCLE-1,ROOM NO. 108,AAYAKAR BHAVAN, MAJURA GATE, SURAT PAN: A AACG 8634 M [APPLICANT] [ORIGINAL APPELLANT] [RESPONDENT] [ORIGINAL RESPONDENT] ASSESSEE BY :- SHRI R K MALPANI, AR REVENUE BY:- SHRI B L YADAV, DR O R D E R A N PAHUJA: THIS MISCELLANEOUS APPLICATION[MA] FILED ON 30.3.20 11 BY THE ASSESSEE, SEEKS RECTIFICATION AND AMENDMENT OF AN ORDER DATED 08-09-2009 IN ITA NO. 989/AHD/2006 FOR THE AY 2002-03 ON THE GROUND THAT DECISIONS RELIED UPON BY THE ASSES SEE IN THEIR PAPER BOOK WERE NOT CONSIDERED BY THE BENCH WHILE ADJUDIC ATING GROUND NO.1 IN THEIR APPEAL. 2. IN THE MISCELLANEOUS APPLICATION, THE ASSESSEE SUBMITTED THAT THE ADDITION OF RS.30,00,000/- ON ACCOUNT SHARE APPLICAT ION MONEY RECEIVED FROM ONE M/S GALAXY MULTITRADE PVT. LTD., HAS BEEN SUSTAINED BY THE ITAT WITHOUT CONSIDERING THE DECISIONS RELIED UPON ON BEHALF OF THE ASSESSEE IN CIT VS. PANCHAMDASS JAIN (2006) 205 CTR (ALL) 444;CIT VS. LOVELY EXPORTS PVT. LTD. (2008) 216 ITR 195 (SC);ACIT VS. S ALASAR YARNS PVT. LTD. ITA NO. 2919/AHD/2008 AND ACIT VS. SYP AGR O FOODS LTD. ITA NO. 1585/AHD/2004.ACCORDINGLY, THE ASSESSEE PLEADED THAT ORDER PASSED BY ITAT WITHOUT CONSIDERING THE CASE LAWS CITED AND RELIED U PON BY THE ASSESSEE IS A MISTAKE APPARENT ON RECORD, AMENABLE FOR RECTIFICATION U/S. 254(2) OF THE ACT. 2 MA NO.36/AHD/2011 2 3. THE LD. AR ON BEHALF OF THE ASSESSEE MERELY R EITERATED WHAT IS MENTIONED IN THE MA WHILE THE LD. DR VEHEMENTLY ARG UED THAT THERE IS S NO MISTAKE APPARENT FROM RECORD, REQUIRING REC TIFICATION. 4. AFTER HEARING THE PARTIES AND CONSIDERI NG THE FACTS OF THE CASE, WE ARE OF THE OPINION THAT SINCE THE MATERIAL WHICH WAS ALREADY ON RECORD BEFORE DECIDING THE APPEAL ON MERITS, WAS NOT CONSIDERED BY THE BENCH, FAILURE TO DO SO IS A MISTAKE APPAREN T FROM RECORD. A SIMILAR VIEW WAS TAKEN IN CIT VS. MITHALAL ASHOKKUM AR (1986) 158 ITR 755(MP). AS IS APPARENT FROM THE AFORESAID ORDE R OF THE ITAT, THERE IS NOT EVEN A WHISPER IN RESPECT OF DECISIONS CITED BY THE ASSESSEE IN THE PAPER BOOK IN RESPECT OF ISSUE OF ADDITION OF RS. 30 LACS IN GROUND NO.1 IN THE APPEAL . THIS BEING A M ISTAKE APPARENT FROM THE RECORD, WE RECALL THE IMPUGNED ORDER DATED 8-9-2009 OF THE ITAT ON THE ISSUE OF ADDITION OF RS. 30 LACS AND DIRECT THE REGISTRY TO FIX THE MATTER IN THE REGULAR COURSE FOR THE LI MITED PURPOSE OF ADJUDICATING THE SAID ISSUE AS PER GROUND NO.1 IN THE AFORESAID APPEAL. 5. IN THE RESULT, MA IS ALLOWED. ORDER PRONOUNCED IN THE COURT TODAY ON 30-06-2011 SD/- SD/- ( D K TYAGI ) JUDICIAL MEMBER ( A N PAHUJA ) ACCOUNTANT MEMBER DATED : 30-06-2011 COPY OF THE ORDER FORWARDED TO: 1. GOYAL SYNTHETICS PVT. LTD., 701, TRIVIDH CHAMBER S, RING ROAD, SURAT 2. THE ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE -1, SURAT 3. CIT CONCERNED 4. CIT(A)-I, SURAT 5. DR, ITAT, AHMEDABAD BENCH-D, AHMEDABAD 6. GUARD FILE