M/s Fibres & Fabrics International Private Limited, Bangalore V. DCIT, Bangalore

MA 37/BANG/2015

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 3368 (ITAT-BANGALORE)
• Duration Of Justice: 4 month(s) 13 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 14-08-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 05-06-2015
• Assessment Year: 2005-2006
• Appeal Filed On: 31-03-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PREETI GARG
• Assessee Lawyers: KEERTHI NARAYAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI N.V. VASUDEVAN, JUDICIAL MEMBER AND SHRI ABRAHAM P. GEORGE, ACCOUNTANT MEMBER M.P. NO.37/BANG/2015 [IN SP NO.232/BANG/2014] ASSESSMENT YEAR : 2005-06 M/S. FIBRES & FABRICS INTERNATIONAL PVT. LTD., NO.21, E-1, 2 ND PHASE, PEENYA INDUSTRIAL AREA, BANGALORE 560 068. PAN: AAACF 6841M VS. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 11(3), BANGALORE. APPLICANT RESPONDENT APPLICANT BY : SHRI KEERTHI NARAYAN, CA RESPONDENT BY : SMT. PREETI GARG, CIT(DR) DATE OF HEARING : 07.08.2015 DATE OF PRONOUNCEMENT : 14.08.2015 O R D E R PER N.V. VASUDEVAN, JUDICIAL MEMBER THIS IS A MISCELLANEOUS PETITION FILED BY THE ASS ESSEE PRAYING FOR RECTIFICATION OF CERTAIN APPARENT ERRORS IN THE ORD ER DATED 09.03.2015 PASSED BY THIS TRIBUNAL IN THE AFORESAID STAY PETIT ION. MP NO. 37/BANG/2015 PAGE 2 OF 3 2. IN THE ORDER DATED 9.3.2015 PASSED IN THE ABOVE S.P., THE PETITIONER WAS DIRECTED TO DEPOSIT RS.50 LACS ON OR BEFORE 31. 3.2015. THE PETITIONER IN THIS M.P. HAS POINTED OUT THAT A SUM OF RS.50 LA CS WAS REFUND DUE TO THE ASSESSEE FOR AY 2004-05 AND THE SAID REFUND MAY BE ADJUSTED AS A PAYMENT TOWARDS OUTSTANDING DEMAND FOR AY 2005-06. BY DOING SO, THE DIRECTION IN THE ORDER DATED 9.3.2015 WILL STAND CO MPLIED WITH BY THE ASSESSEE. THE ASSESSEE IN THIS M.P. HAS SOUGHT FOR SUCH A DIRECTION AS ABOVE. 3. AT THE TIME OF HEARING, IT WAS POINTED OUT BY TH E LEARNED COUNSEL FOR THE ASSESSEE THAT THE AO BY ORDER DATED 19.5.2015 H AS ALREADY TREATED THE REFUND DUE TO THE ASSESSEE FOR AY 2004-05 AS ADJUST MENT OF PAYMENT OF OUTSTANDING DEMAND FOR AY 2005-06 AND THEREFORE THE M.P. HAS BECOME INFRUCTUOUS. 4. ACCORDINGLY, THE M.P. IS DISMISSED AS INFRUCTUOU S. PRONOUNCED IN THE OPEN COURT ON THIS 14 TH DAY OF AUGUST, 2015. SD/- SD/- ( ABRAHAM P. GEORGE ) ( N.V. VASU DEVAN ) ACCOUNTANT MEMBER JUDICIAL M EMBER BANGALORE, DATED, THE 14 TH AUGUST, 2015. /D S/ MP NO. 37/BANG/2015 PAGE 3 OF 3 COPY TO: 1. APPLICANT 2. RESPONDENTS 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR / SENIOR PRIVATE SECRETARY ITAT, BANGALORE.