M/s Venu Carriers, Palakol V. THE ITO, Ward - 1, Palakol

MA 42/VIZ/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 8366 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 5 month(s) 10 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 10-04-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 30-10-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: D K SONOWAL
• Assessee Lawyers: D L N RAO

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM . , . . , BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH , ACCOUNTANT MEMBER M . A .NO. 4 2 /VIZ/201 8 (ARISING OUT OF I .T.A. NO. 617 /VIZ/20 1 3 ) ( / ASSESSMENT YEAR: 200 9 - 10 ) M/S VENU CARRIERS D.NO.13.5 - 47 CANAL ROAD, PALAKOL WEST GODAVARI DIST. [PAN :AADFV1100H] VS. INCOME TAX OFFICER WARD - 1 PALAKOL ( / APPELLANT) ( / RESPONDENT) / APPELLANT BY : SHRI D .L.N. RAO , A R / RESPONDENT BY : S HRI D.K.SONOWAL , D R / DATE OF HEARING : 05 . 0 4 . 201 9 / DATE OF PRONOUNCEMENT : 10 .0 4 . 201 9 / O R D E R PER D.S.SUNDER SINGH , ACCOUNTANT MEMBER: THE ASSESSEE HAS FILED THE MISCELLANEOUS APPLICATION (M.A.) AGAINST THE ORDER OF THIS TRIBUNAL IN I.T.A NO.617/VIZ/2013 DATED 25.04.2018. IN THIS CASE BOTH THE REVENUE AND THE ASSESSEE HAVE FILED CROSS APPEALS AGAINST THE ORDER OF THE LD.CIT(A), GUNTUR VID E I.T.A. NO.672/CIT(A)/GNT/11 - 12 2 M .A. NO . 4 2 /VIZ/2018 M/S VENU CARRIERS, PALAKOL DATED 25.07.2013. BOTH THE APPEALS WERE DECIDED BY THIS TRIBUNAL IN A COMMON ORDER DATED 25.04.2018. 2. THE ASSESSEE IN ITS APPEAL RAISED TOTAL NINE GROUNDS AND GROUND NO.2 TO 5 ARE RELATED TO THE ADDITION OF RS.64,64,6 37/ - . IN THE FIRST APPEAL THE LD.CIT(A) CONFIRMED THE ADDITION OF RS.39,40,000/ - AND ALLOWED THE RELIEF OF RS,28,70,000/ - AGAINST WHICH THE ASSESSEE FILED APPEAL BEFORE THE ITAT AND THE ITAT HAS CONFIRMED THE ORDER OF THE LD.CIT(A) AS PER THE DETAILED DIS CUSSION MADE IN PAGE NOS. 2 AND 3 OF THE ORDER. THE ASSESSEE FILED THE M.A STATING THAT THE ITAT CONFIRMED THE ADDITION OF RS.39,40,000/ - U/S 68 OF THE ACT OUT OF THE TOTAL ADDITION OF RS.64,64,437/ - AND THERE WAS A MISTAKE IN THE QUANTIFICATION OF REL IEF. THE ASSESSEE IS ENTITLED FOR FURTHER RELIEF OF RS.14,50,877/ - , IN ADDITION TO THE RELIEF GRANTED BY THE LD.CIT(A)AMOUNTING TO RS.28,70,000/ - , THEREFORE, SUBMITTED THAT THERE WAS A MISTAKE IN THE ORDER OF THIS TRIBUNAL WHICH REQUIRED TO BE RECTIFIED U /S 254(2) OF THE ACT. THE ASSESSEE FURTHER STATED THAT THE ASSESSEE MADE ALTERNATE ARGUMENT TO MAKE THE ADDITION IN THE HANDS OF THE INDIVIDUAL PARTNERS, BUT NOT IN THE HANDS OF THE FIRM AND THE HONBLE ITAT HAS NOT DECIDED THE ABOVE GROUND, THEREFORE, RE QUESTED TO RECALL THE ORDER AND DECIDE THE ISSUES. 3 M .A. NO . 4 2 /VIZ/2018 M/S VENU CARRIERS, PALAKOL 2.1. DURING THE HEARING OF M.A., THE LD.AR FAIRLY CONCEDED THAT THERE IS NO MISTAKE IN THE ORDER OF THIS TRIBUNAL, THE MISTAKE WAS CREPT IN THE ORDER OF THE LD.CIT(A). LD.A.R ARGUED THAT SINCE, THE LD. CIT(A)S ORDER WAS CONFIRMED BY THE TRIBUNAL, ORDER OF THE LD.CIT(A) STANDS MERGED WITH THE ORDER OF THE TRIBUNAL, HENCE ARGUED THAT THE MISTAKE IN CIT(A)S ORDER TANTAMOUNTS TO MISTAKE IN THE ORDER OF THE TRIBUNAL, THEREFORE, IT IS RECTIFIABLE MISTAKE U/ S 254(2) OF THE ACT. 3. ON THE OTHER HAND, THE LD.DR ARGUED THAT THE ASSESSEE RAISED THE FRESH ISSUE WHICH WAS NOT BORNE OUT OF THE LD.CIT(A)S ORDER. THERE IS NO MISTAKE IN THE ORDER OF THE ITAT, HENCE, ARGUED THAT NO MODIFICATION IS NECESSARY AND REQUE STED TO DISMISS THE M.A. 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATERIAL PLACED ON RECORD. THE ASSESSEE RAISED THE ISSUE WITH REGARD TO THE ADDITION OF RS.64,64,437/ - IN GROUND NO. 2 TO 5 OF THE ASSESSEES APPEAL WHICH WAS DISCUSSED IN DETAIL AND DECIDED AGAINST THE ASSESSEE. THE TRIBUNAL IN ITS ORDER DATED 25.04.2018 DISCUSSED THE ISSUE IN DETAIL, CREDITOR - WISE, CONFIRMED THE ORDER OF THE LD.CIT(A) AND DISMISSED THE APPEAL OF THE ASSESSEE AS WELL AS THE REVENUE. THE ISSUE RAISED BY THE LD .AR WITH REGARD 4 M .A. NO . 4 2 /VIZ/2018 M/S VENU CARRIERS, PALAKOL TO THE RELIEF OF RS.14,50,877/ - WAS NOT OUT OF THE LD.CIT(A)S ORDER AND THERE WAS NO SUCH GROUND RAISED BY THE ASSESSEE FOR RELIEF OF RS.14,50,877/ - . THEREFORE THERE IS NO MISTAKE IN THE ORDER OF THE ITAT WHICH REQUIRE MODIFICATION , HENCE THE ASSESSEES M.A. ON THIS ISSUE IS REJECTED. 5. THE ALTERNATE SUBMISSION WITH REGARD TO THE ADDITION TO BE MADE IN THE HANDS OF THE INDIVIDUAL PARTNERS WAS NOT ARGUED DURING THE HEARING OF M.A. HOWEVER IT IS FOUND THAT THE TRIBUNAL HAS CONSIDE RED ENTIRE ARGUMENTS AND MATERIAL PLACED BEFORE US AND CONFIRMED THE ADDITION IN THE HANDS OF THE FIRM, HENCE IT IS CONSIDERED THAT NO SEPARATE ADJUDICATION IS NECESSARY ON THIS ISSUE. 6. FROM THE ITATS ORDER, IT IS FOUND THAT THERE WAS NO MISTAKE IN TH E ORDER OF THE ITAT AND IF AT ALL ANY MISTAKE IS CREPT I.E. IN THE ORDERS OF THE LOWER AUTHORITIES AND THE ASSESSEE MAY APPROACH THE LOWER AUTHORITIES FOR APPROPRIATE ACTION, IF TIME LIMIT PERMITS. SINCE THERE IS NO MISTAKE IN THE ORDER OF THE TRIBUNAL W HICH REQUIRE MODIFICATION / RECTIFICATION IN THE ORDER OF THIS TRIBUNAL, THE M.A. FILED BY THE ASSESSEE IS DISMISSED. 5 M .A. NO . 4 2 /VIZ/2018 M/S VENU CARRIERS, PALAKOL 5 . IN TH E RESULT, THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 10 TH A PRIL, 2019. S D/ - S D/ - ( . ) ( . . ) (V. DURGA RAO) ( D.S. SUNDER SINGH ) /JUDICIAL MEMBER /ACCOUNTANT MEMBER /VISAKHAPATNAM /DATED : 10 .0 4 .2019 L.RAMA, SPS / COPY OF THE ORDER FORWARDED TO: - 1 . / THE REVENUE INCOME TAX OFFICER, WARD - 1, PALAKOL 2 . / THE ASSESSEE - M/S VENU CARRIERS, D.NO.13 - 5 - 47, CANAL ROAD, PALAKOL, WEST GODAVARI DIST. 3. THE COMMISSIONER OF INCOME TAX , RAJAHMUNDRY 4. THE COMMISSIONER OF INCOME TAX (APPEALS), GUNTUR 5 . , , / DR, ITAT, VISAKHAPATNAM 6 . / GUARD FILE / BY ORDER // TRUE COPY // SR. PRIVATE SECRETARY ITAT, VISAKHAPATNAM