DCIT, Jaipur V. M/S GOENKA DIAMOND AND JEWELLERS LTD., Jaipur

MA 37/JPR/2012

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 2815 (ITAT-JAIPUR)
• Duration Of Justice: 2 year(s) 8 month(s) 18 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 27-03-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 09-07-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MRS NEENA JEPH
• Assessee Lawyers: G G MUNDRA
• Section: 260A

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, JAIPUR JH VKJ-IH-RKSYKUH] U;KF;D LNL; ,OA JH VH-VKJ-EHUK] YS[KK LNL; DS LE{K BEFORE: SHRI R.P. TOLANI, JM & SHRI T.R. MEENA, AM M.A. NO. 37/JP/2012 (ARISING OUT OF I.T.A. NO. 509/JP/2011) ASSTT. YEAR- 2008-09 D.C.I.T. CIRCLE-2, JAIPUR CUKE VS. M/S GOENKA DIAMOND JEWELLERS LTD., 40, PANCHRATANA, MSB KA RASTA, JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ L A-@ PAN/GIR NO.: AAACG 7934 Q VIHYKFKHZ @ APPELLANT IZR;FKHZ @ RESPONDENT JKTLO DH VKSJ LS @ REVENUE BY : MRS. NEENA JEPH (JCIT) FU/KZKFJRH DH VKSJ LS @ ASSESSEE BY : SHRI G.G. MUNDRA (CA) LQUOKBZ DH RKJH[ K@ DATE OF HEARING : 20/03/2015 ?KKS'K .KK DH RKJH[ K @ DATE OF PRONOUNCEMENT : 27/03/2015 VKNS'K @ ORDER PER: T.R. MEENA, A.M. THE REVENUE HAS FILED THIS MISCELLANEOUS APPLICATIO N U/S 254(2) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT) ON 28/6/2012 AGAINST THE ORDER OF COORDINATE BENCH OF ITAT, JAIPUR IN ITA NO. 509/JP/ 2011 FOR A.Y. 2008-09, WHICH WAS PASSED ON 31/01/2012. M.A. NO. 37/JP/2012_ DCIT VS. M/S GOENKA DIAMOND JEWELLERS 2 2. THE LD. ASSESSING OFFICER SOUGHT THE RECTIFICATIO N ON THE GROUND THAT SUBMISSION OF LD DR HAS NOT BEEN CONSIDERED BY THE HONBLE ITAT. IT SIMPLY REPRODUCED THE WRITTEN SUBMISSION MADE BY HIM. HE AL SO CITED FEW COURT DECISIONS, WHICH HAS ALSO NOT BEEN DISCUSSED AT ALL IN ITS ORDER. IT IS SUBMITTED THAT IN MANY COURTS DECISIONS, IF CITED DECISION H AS NOT BEEN CONSIDERED ANY POINT OR ARGUMENT RAISED DURING THE HEARING BY THE HONBLE TRIBUNAL, IT TANTAMOUNT TO MISTAKE APPARENT FROM THE RECORD, WHIC H SHOULD BE RECTIFIED U/S 254(2) OF THE ACT. SHE RELIED UPON THE DECISION IN THE CASE OF HONDA SIEL POWER PRODUCTS LTD. VS. CIT ITR 466 VOL. 295 (SC) AND PRAYED TO RECALL THE ITAT ORDER DATED 31/1/2012 PASSED IN ASSESSEES CASE FOR A.Y. 2008-09. 3. THE CASE WAS HEARD IN LENGTH FROM BOTH THE SIDES. THE LD DR DRAWN OUR ATTENTION ON OBJECTION RAISED IN M.A. PETITION PART ICULARLY WRITTEN SUBMISSION MADE BY THE DR AND CASE LAW CITED BY HER. 4. AT THE OUTSET, THE LEARNED A.R. FOR THE ASSESSEE SUBMITTED WRITTEN REPLY ON EACH POINT OF OBJECTION RAISED IN M.A. APPLICATI ON BY THE LD ASSESSING OFFICER AND ARGUED THAT THE HONBLE ITAT HAD CONSIDE RED ALL THE ASPECTS AND SUBMISSIONS MADE BY THE LD DR IN HIS LETTER DATED 3 1/1/2012. THEREFORE, THERE IS NO APPARENT MISTAKE ON RECORD. THE HONBLE ITAT DO ES NOT HAVE POWER TO REVIEW ITS OWN ORDER U/S 254(2) OF THE ACT. HE FURTHE R SUBMITTED THAT DEPARTMENT HAS NOW FILED APPEAL U/S 260A AGAINST TH E IMPUGNED JUDGMENT M.A. NO. 37/JP/2012_ DCIT VS. M/S GOENKA DIAMOND JEWELLERS 3 DATED 31/1/2012 IN THE CASE OF ASSESSEE COMPANY BEF ORE THE HONBLE RAJASTHAN HIGH COURT RAISING THE LEGAL ISSUE, WHICH IS PENDING BEFORE THE HONBLE HIGH COURT. THEREFORE, HE PRAYED TO DISMISS THE M.A. FILED BY THE REVENUE. 5. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE M ATERIAL AVAILABLE ON THE RECORD. AS THE DEPARTMENT HAS FILED APPEAL U/S 260A OF THE ACT BEFORE THE HONBLE RAJASTHAN HIGH COURT IN THIS CASE FOR A.Y. 2008-09, NOW THE ISSUE IS PENDING BEFORE THE HONBLE HIGH COURT. THE HONBLE G UJARAT HIGH COURT IN THE CASE OF CIT VS. MUNI SEVA ASHRAM (2013) 38 TAXMAN.CO M 110 (GAJ.) HAS HELD THAT IF ANY APPEAL FILED BY EITHER SIDE BEFORE THE HIGH COURT IN CASE OF M.A. IS NOT MAINTAINABLE. BY RESPECTFULLY FOLLOWING THE DECI SION OF THE HONBLE GUJARAT HIGH COURT, WE DISMISS THE M.A. FILED BY THE REVENUE . 6. IN THE RESULT, THE MISC. APPLICATION OF THE REVE NUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 27/03/2015. SD/- SD/- VKJ-IH-RKSYKUH VH-VKJ-EHUK (R.P.TOLANI) (T.R. MEENA) U;KF;D LNL;@ JUDICIAL MEMBER YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ @ JAIPUR FNUKAD @ DATED:- 27 TH MARCH, 2015 M.A. NO. 37/JP/2012_ DCIT VS. M/S GOENKA DIAMOND JEWELLERS 4 *RANJAN VKNS'K DH IZFRFYFI VXZSFKR @ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ @ THE APPELLANT- THE DCIT, CIRCLE-2, JAIPUR. 2. IZR;FKHZ @ THE RESPONDENT-M/S GOENKA DIAMOND JEWELLERS, JAIPUR. 3. VK;DJ VK;QDR @ CIT 4. VK;DJ VK;QDRVIHY @ THE CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ @ DR, ITAT, JAIPUR 6. XKMZ QKBZY @ GUARD FILE (M.A. 37/JP/2012) VKNS'KKUQLKJ @ BY ORDER, LGK;D IATHDKJ @ ASST. REGISTRAR