Sable Yashwant Laxman, Khopoli V. Deputy Commissioner of Income-tax, Panvel Circle, Panvel

MA 413/PUN/2022

AI Insights

The case involves Mr. Sable Yashwant Laxman, the assessee, who filed a miscellaneous application under section 254(2) of the Income Tax Act, 1961, seeking to recall or rectify an earlier tribunal order that dismissed his main appeal concerning the assessment year 2008-2009. The tribunal's earlier decision had dismissed the appeal based on two issues: the disallowance of Rs.21,17,033 under section 40A(3) and a short credit of TDS amounting to Rs.13,59,458. The assessee argued that there was an error in the computation of the disallowance in his initial filing, which was not addressed by the Assessing Officer. However, the tribunal found no grounds to recall or rectify its earlier order, citing precedents that supported the dismissal of the appeal without the need for a first and second appeal on the matters raised.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 137903 (ITAT-PUNE)
• Duration Of Justice: 5 month(s) 16 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 24-05-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 18-05-2023
• Assessment Year: 2008-2009
• Appeal Filed On: 08-12-2022
• Other Referred Cases: ACIT vs. Saurashtra Kutch Stock Exchange Ltd., CIT vs. Reliance Telecom Ltd.
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: TDS
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCHES “B” : PUNE BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI G.D. PADMAHSHALI, ACCOUNTANT MEMBER M.A.No.413/PUN/2022 Arising out of ITA.No.1138/PUN./2018 - Assessment Year – 2008-2009 Mr. Sable Yashwant Laxman, Sable Apartments, Shantinagar, Next to Hotel Maharaja, Old Mumbai- Pune Highway, Khopoli. PIN 410 203 PAN PNES09546F vs. The DCIT, Panvel Circle, Panvel. Dist. Raigad. (Applicant) (Respondent) For Assessee : Shri Viraj Mehta, And Shri Nilesh Patel For Revenue : Shri Ramnath P Murkunde Date of Hearing : 19.05.2023 Date of Pronouncement : 25.05.2023 ORDER PER SATBEER SINGH GODARA, J.M. This assessee’s miscellaneous application M.A.No.413/PUN./2022 filed u/s. 254(2) of the of the Income Tax Act, 1961 (in short "the Act"), seeks to recall/rectify the tribunal’s ex-parte order dated 18.10.2022 dismissing his main appeal ITA.No.1138/PUN./2012. Heard both the parties. Case files perused. 2. A perusal of paras 3 and 4 in our impugned order suggests that we had inter alia held regarding the former issue of sec.40A(3) disallowance of Rs.21,17,033/- that the same 2 MA.No.413/PUN./2022 nowhere emerge out of the Assessing Officer’s assessment dated 25.03.2015 and therefore, rightly rejected in the CIT(A)'s order whereas the latter authority had also restored the second issue of short credit of TDS to the tune of Rs.13,59,458/- back to Assessing Officer, respectively. That being the case, we had dismissed the assessee’s main appeal ITA.No.1138/PUN./ 2012 for these two precise reasons. 3. Learned counsel submits during the course of hearing that the assessee in fact had wrongly computed his sec.40A(3) disallowance in his computation filed before the Assessing Officer and therefore, we ought to re-call/rectify our order dated 18.10.2022. He fails to dispute the clinching fact that such a computation of assessee in absence of Assessing Officer having made its disallowance, does not give rise to any first and second appeal leading to an apparent error on record in light of ACIT vs. Saurashtra Kutch Stock Exchange Ltd., [2008] 305 ITR 227 (SC) & CIT vs. Reliance Telecom Ltd., [2021] 133 taxmann.com 41 (SC). Learned counsel has not raised any argument regarding above second issue of short credit of TDS. We thus reject assessee’s instant miscellaneous application MA.No.413/PUN./2022 in very terms. ordered accordingly. 3 MA.No.413/PUN./2022 4. This assessee’s miscellaneous application is dismissed in above terms. Order pronounced in the open Court on 25 th May, 2023. Sd/- Sd/- (GD PADMAHSHALI) (SATBEER SINGH GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER Pune, Dated 25 th May, 2023 VBP/- Copy of the Order forwarded to : 1. The appellant 2. The respondent 3. Ld. CIT(A)-2, Pune 4. Ld. Pr. CIT-2, Thane 5. DR ITAT Pune-B Bench, Pune 6. Guard File. //BY Order// Assistant Registrar, ITAT, Pune Benches, Pune.