LORD KRISHNA BANK LTD, V. ASST CIT 1(1),

MA 430/MUM/2011

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8785 (ITAT-MUMBAI)
• Duration Of Justice: 10 month(s) 27 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 13-07-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: 2001-2002
• Appeal Filed On: 17-08-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: V V SHASTRI
• Section: 2

Judgement Text

, , , , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES H, MUMBAI .. , ! ' #$ %& , ' ', ( BEFORE SHRI R.S.SYAL, AM AND SHRI AMIT SHUKLA, JM )) '* ./ MA NO.430/MUM/2011 ( ,-$ . / ARISING OUT OF ITA NO.119/COCH/2007) ( '* / '* / '* / '* / / / / / ASSESSMENT YEAR : 2001-2002) M/S.LORD KRISHNA BANK LIMITED (NOW MERGED WITH HDFC BANK LTD.) REGD. OFFICE HDFC BANK HOUSE SENAPATI BAPAT MARG, LOWER PAREL MUMBAI 400 013. PAN : AAACL4704F. THE ASST.COMMISSIONER OF INCOME-TAX CIRCLE 1(1) KOCHI. ( ' / // / APPLICANT) * * * * / VS. ( 0123/ RESPONDENT) ' 4 44 4 5 5 5 5 / APPLICANT BY : SHRI MANISH SHAH 0123 4 5 4 5 4 5 4 5 / RESPONDENT BY : SHRI V.V.SHASTRI * 4 $! / / / / DATE OF HEARING : 13.07.2012 67/ 4 $! / DATE OF PRONOUNCEMENT : 13.07.2012 ' % ' % ' % ' % / / / / O R D E R PER R.S.SYAL, AM : THIS MISCELLANEOUS APPLICATION U/S.254(2) OF THE IN COME-TAX ACT, 1961 HAS BEEN MOVED BY THE ASSESSEE PRAYING FOR THE RECT IFICATION OF THE ORDER OF THE TRIBUNAL DATED 27 TH APRIL, 2011 IN ITA NO.119/COCH/2007. 2. THE LEARNED AR SUBMITTED THAT DURING THE COURSE OF HEARING HE TOOK AN ADDITIONAL GROUND WHICH WAS NOT DISPOSED OFF BY THE TRIBUNAL. IT WAS, THEREFORE, CONTENDED THAT THE IMPUGNED ORDER BE RECALLED FOR T HE DECISION ON ADDITIONAL GROUND. ON THE CONTRARY, THE LEARNED DEPARTMENTAL R EPRESENTATIVE SUBMITTED MA NO.430/MUM/2011 M/S.LORD KRISHNA BANK LIMITED. 2 THAT THE SO CALLED ADDITIONAL GROUND WAS NOT TAKEN UP BY THE ASSESSEE AT THE TIME OF HEARING AND FURTHER THE SAME DID NOT EMANATE FRO M THE ORDER OF THE ASSESSING OFFICER OR THE LEARNED CIT(A). 3. AFTER CONSIDERING THE RIVAL SUBMISSIONS AND PERU SING THE RELEVANT MATERIAL ON RECORD, IT IS OBSERVED THAT THIS CASE CAME UP FOR HEARING BEFORE THE TRIBUNAL ON 20.04.2011. WE HAVE CHECKED UP THE LOG BOOK FOR THE SAID DATE. IT IS NOTICED THAT THERE IS NO REFERENCE EITHER TO THE ADMISSION OF THE ADDITIONAL GROUND OR ON THE MERITS OF THE ADDITION. THE AFFIDA VIT NOW FILED BY THE LEARNED AR IN SUPPORT OF HIS CONTENTION THAT THIS ADDITIONA L GROUND WAS RAISED DURING THE COURSE OF HEARING, RUNS CONTRARY TO OUR LOG BO OK AND HENCE THE SAME IS INCAPABLE OF ACCEPTANCE. THE LEARNED AR WAS OFFERED TO HAVE A LOOK AT OUR LOG BOOK FOR THE SAID DATE, WHICH HE REFUSED TO ACCEPT. THUS, IT BECOMES APPARENT THAT THIS ADDITIONAL GROUND WAS NOT TAKEN UP AT THE TIME OF HEARING. SIMPLY BECAUSE THE ADDITIONAL GROUND IS AVAILABLE IN THE F ILE, CANNOT BE A BASE TO ACCEPT THAT THIS GROUND WAS ARGUED. IT IS SO FOR THE REASO N THAT THERE ARE ALWAYS SO MANY PAPERS IN THE FILE OR IN THE PAPER BOOK. THE B ENCH NEEDS TO CONCENTRATE ONLY ON SUCH PAPERS WHICH ARE REFERRED TO BY THE RI VAL PARTIES. IN VIEW OF THE FACT THAT THE LEARNED DEPARTMENTAL REPRESENTATIVE H AS ALSO STATED THAT THIS ADDITIONAL GROUND WAS NOT ARGUED AND THE SAME IS SU BSTANTIATED FROM OUR LOG BOOK, WE ARE NOT INCLINED TO ACCEPT THE ASSESSEES CONTENTION THAT THIS ADDITIONAL GROUND BE TAKEN UP ON MERITS. HERE IT IS IMPORTANT TO NOTE THAT THE SCOPE OF PROCEEDINGS U/S 254(2) IS TO RECTIFY A MISTAKE WHIC H IS APPARENT FROM RECORD. PRIMARILY, THE PROCEEDINGS U/S 254(2) ARE TO CORRE CT THE MISTAKE COMMITTED BY THE TRIBUNAL AND NOT TO CURE THE LAPSES OF THE LEAR NED COUNSEL EITHER FROM THE ASSESSEES SIDE OR FROM THAT OF THE REVENUE. IN VIE W OF THE FOREGOING DISCUSSION, WE ARE OF THE CONSIDERED OPINION THAT T HIS MISCELLANEOUS APPLICATION HAS NO MERIT AND IS NOT LIABLE TO BE REJECTED. WE O RDER ACCORDINGLY. MA NO.430/MUM/2011 M/S.LORD KRISHNA BANK LIMITED. 3 4. 8 $9 ' 4 )) '* !8: 4 :$ ;< IN THE RESULT, THE MISCELLANEOUS APPLICATION IS DISMISSED. ORDER PRONOUNCED ON THIS 13 TH JULY, 2012. . ' % 4 67/ ='*9 7 4 > SD/- SD/- (AMIT SHUKLA) (R.S.SYAL) ' ' ' ' ' ' ' ' / JUDICIAL MEMBER ! ' ! ' ! ' ! ' / ACCOUNTANT MEMBER MUMBAI ; ='* DATED 13 TH JULY, 2012. DEVDAS* ' % 4 0'$#) ? )/$ ' % 4 0'$#) ? )/$ ' % 4 0'$#) ? )/$ ' % 4 0'$#) ? )/$/ COPY OF THE ORDER FORWARDED TO : 1. ' / THE APPLICANT. 2. 0123 / THE RESPONDENT. 3. @ () / THE CIT(A)-II. 4. @ / CIT 5. )C> 0'$'* , , / DR, ITAT, MUMBAI 6. >D E / GUARD FILE. ' %* ' %* ' %* ' %* / BY ORDER, 1)$ 0'$ //TRUE COPY// , , , ,/ // /; : ; : ; : ; : ( DY./ASSTT. REGISTRAR) , , , , / ITAT, MUMBAI