IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER M.A. NO. 398 AND 399/MUM./2011 (ARISING OUT OF ITA NO. 720/MUM./2010 ) (ASSESSMENT YEAR : 1995-96 AND 1996-97 ) M/S. NUTECH CORPORATE SERVICES LTD. 28, RAJABAHADUR MANSION BOMBAY SAMACHAR MARG FORT, MUMBAI 400 001 PAN AAAC13356A .. APPELLANT V/S DY. COMMISSIONER OF INCOME TAX RANGE-8(2), MUMBAI .... RESPONDENT ASSESSEE BY : MR. RAJIV KHANDELWAL REVENUE BY : MR. P.K.B. MENON DATE OF HEARING 20.01.2012 DATE OF ORDER 10.02.2012 O R D E R PER J. SUDHAKAR REDDY, A.M. BY WAY OF THESE MISCELLANEOUS APPLICATIONS, THE ASS ESSEE SEEKS RESTORATION OF M.A. NO.720/MUM./2010, WHICH IS DISM ISSED VIDE ORDER DATED 14 TH MARCH 2011. 2. AFTER HEARING RIVAL CONTENTIONS, WE DISMISS BOTH TH E MISCELLANEOUS APPLICATIONS ON THE GROUND THAT THE SAME ARE NOT MA INTAINABLE. SECTION NUTECH CORPORATE SERVICES LTD. M.A. NO. 398/MUM./2011 M.A. NO.399/MUM./2011 2 254(2) OF THE INCOME TAX ACT, 1961, EMPOWERS RECTIF ICATION OF ANY ORDER PASSED BY THE TRIBUNAL UNDER SUB-SECTION (I) OF SEC TION 254(1). THE ORDER PASSED UNDER SECTION 254(2), IS NOT AMENABLE TO REC TIFICATION. CONSEQUENTLY, BOTH THE MISCELLANEOUS APPLICATIONS ARE DISMISSED. 3. IN THE RESULT, M.AS PREFERRED BY THE ASSESSEE ARE D ISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 10 TH FEBRUARY 2012 SD/- D. MANMOHAN VICE PRESIDENT SD/- J. SUDHAKAR REDDY ACCOUNTANT MEMBER MUMBAI, DATED: 10 TH FEBRUARY 2012 COPY TO : (1) THE ASSESSEE; (2) THE RESPONDENT; (3) THE CIT(A), MUMBAI, CONCERNED; (4) THE CIT, MUMBAI CITY CONCERNED; (5) THE DR, D BENCH, ITAT, MUMBAI. TRUE COPY BY ORDER PRADEEP J. CHOWDHURY ASSISTANT REGISTRAR SR. PRIVATE SECRETARY ITAT, MUMBAI BENCHES, MUMBAI