ACIT, Tirunelveli V. M/s. Rm. K.V. Associates, Tirunelveli

MA 398/CHNY/2017

• Counselvise Citation: [2018] 111 COUNSELVISE.COM (IT) 1478 (ITAT-CHENNAI)
• Duration Of Justice: 9 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 12-10-2018
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 26-12-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: B SAGADEVAN
• Keywords: Capital expenditure

Judgement Text

, ' , IN THE INCOME-TAX APPELLATE TRIBUNAL B BENCH, CHENNAI . , . , BEFORE SHRI ABRAHAM P. GEORGE, ACCOUNTANT MEMBER & SHRI DUVVURU RL REDDY, JUDICIAL MEMBER M.P. NO. 398/CHNY/2017 [IN I.T.A.NO.2705/CHNY/2016] / ASSESSMENT YEAR :2012-13 THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 1, TIRUNELVELI. VS. M/S. RMKV SILKS, 176 F, TRIVANDRUM ROAD, VANNARPETTAI, TIRUNELVELI. [PAN: AABFR1307C] ( /APPELLANT ) ( / RESPONDENT ) / APPELLANT BY : SHRI B. SAGADEVAN, JCIT / RESPONDENT BY : SHRI SAROJ KUMAR PARIDA, ADVOCATE / DATE OF HEARING : 12.10.2018 /DATE OF PRONOUNCEMENT : 12.10.2018 / O R D E R PER DUVVURU RL REDDY, JUDICIAL MEMBER: THIS MISCELLANEOUS PETITION IS FILED BY THE REVENUE AGAINST THE ORDER OF THE TRIBUNAL IN I.T.A. NO. 2705/CHNY/2016 DATED 26.07.2017 FOR THE ASSESSMENT YEAR 2012-13 SEEKING TO RECALL ITS ORDER SINCE THE TRIBUNAL HAS NOT ADJUDICATED OTHER TWO GROUNDS, WHICH IS A MISTAKE APPARENT ON RECORD. THUS, THE LD. DR PLEADED FOR RECALLING THE ORDER OF THE TRIBUNAL FOR FRESH ADJUDICATION OF THE ISSUES. M.P. NO.398/CHNY/17 2 2. ON THE OTHER HAND, THE LD. COUNSEL FOR THE ASSESSEE HAS NOT SERIOUSLY OBJECTED TO THE ABOVE SUBMISSIONS OF THE LD. DR. 3. WE HAVE HEARD RIVAL CONTENTIONS AND PERUSED THE ORDER OF THE TRIBUNAL. IN THE GROUNDS OF APPEAL, THE REVENUE HAS RAISED THE FOLLOWING GROUNDS FOR ADJUDICATION BY THE TRIBUNAL: (I) BONUS CARD REDEMPTION PROVISION .1,14,35,121/- (II) RENOVATION/REPAIR TO EXPENSES TREATED AS CAPITAL EXPENDITURE .1,18,26,927/-. (III) DISALLOWANCE UNDER SECTION 36(1)(VA) .79,923/- 4. HOWEVER, VIDE ORDER DATED 26.07.2017, WE FIND THAT THE TRIBUNAL HAS NOT ADJUDICATED GROUND NOS. (II) & (III). THUS, WE FIND THAT THERE IS A MISTAKE APPARENT RECORD AND ACCORDINGLY, WE RECALL THE ORDER OF THE TRIBUNAL DATED 26.07.2017 FOR LIMITED PURPOSE TO ADJUDICATE THE ABOVE ISSUES AND POST THE APPEAL FOR HEARING ON 10.01.2019. SINCE THE LD. COUNSEL FOR THE ASSESSEE HAS ENDORSED HAVING NOTED THE DATE OF HEARING IN THE ORDER SHEET, NO SEPARATE NOTICE WOULD BE ISSUED TO BOTH PARTIES. 5. IN THE RESULT, THE MP FILED BY THE REVENUE IS ALLOWED. ORDER PRONOUNCED ON 12 TH OCTOBER, 2018 AT CHENNAI. SD/ - SD/ - (ABRAHAM P. GEORGE) ACCOUNTANT MEMBER (DUVVURU RL REDDY) JUDICIAL MEMBER CHENNAI, DATED, THE 12.10.2018 M.P. NO.398/CHNY/17 3 VM/- /COPY TO: 1. / APPELLANT, 2. / RESPONDENT, 3. ( ) /CIT(A), 4. /CIT, 5. /DR & 6. /GF.