FATEHPURIA TRANSFORMERS AND SWITCHGRARS PVT. LTD., Jaipur V. ACIT, Jaipur

MA 49/JPR/2018

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 7125 (ITAT-JAIPUR)
• Duration Of Justice: 3 month(s) 27 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 13-08-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 16-04-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 147

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHE S, JAIPUR JH FOT; IKWY JKO] U;KF;D LNL; ,OA JH FOE FLAG ;KNO] YS[KK LNL; DS LE{K BEFORE: SHRI VIJAY PAL RAO, JM & SHRI VIKRAM SINGH YADAV, AM VK;DJ VIHY LA-@ MA NO. 49/JP/18 ( ARISING OUT OF ITA NO. 167/JP/2016) FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2008-09 FATEHPURIA TRANSFORMERS AND SWITCHGEARS PVT. LTD., JAIPUR. CUKE VS. THE ACIT, CIRCLE-1, JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO.: AAACF 3456 E VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ L S@ ASSESSEE BY : SHRI SANJEEV KUMAR MATHUR (C.A.) JKTLO DH VKSJ LS @ REVENUE BY : SHRI ANOOP SINGH (ADDL.CIT) LQUOKBZ DH RKJH[ K@ DATE OF HEARING : 01/06/2018 MN?KKS'K.KK DH RKJH[ K@ DATE OF PRONOUNCEMENT: 13/08/2018 VKNS'K@ ORDER PER: VIKRAM SINGH YADAV, A.M. THE PRESENT MISCELLANEOUS APPLICATION HAS BEEN FILE D BY THE ASSESSEE AGAINST THE ORDER PASSED BY THE COORDINATE BENCH IN ITA NO. 167/JP/2016 DATED 07.07.2017. 2. THE LD. AR HAS SUBMITTED THAT AGAINST THE SAID O RDER PASSED BY THE COORDINATE BENCH, THE ASSESSEE HAS MOVED AN APP EAL BEFORE THE HONBLE RAJASTHAN HIGH COURT WHICH HAS ALLOWED THE ASSESSEE TO FILE RECTIFICATION APPLICATION BEFORE THE TRIBUNAL AS TH E CONTENTION WHICH IS M.A. NO. 49/JP/2018 FATEHPURIA TRANSFORMERS &SWITCHGEARS PVT. LTD. VS. ACIT 2 MAINLY ARGUED IS NOT REFLECTED IN THE JUDGMENT OF T HE TRIBUNAL. IT WAS ACCORDINGLY SUBMITTED THAT THE ORDER PASSED BY THE COORDINATE BENCH MAY BE RECALLED FOR FRESH CONSIDERATION. 3. THE COORDINATE BENCH IN ITA NO. 167/JP/2016 VIDE ITS ORDER DATED 07.07.2017 HAS HELD IN PARAS 5 AND 6 AS UNDER:- 5. WE HAVE HEARD THE RIVAL CONTENTIONS, PERUSED TH E MATERIAL AVAILABLE ON RECORD AND GONE THROUGH THE ORDER OF THE AUTHORI TIES BELOW. LD. COUNSEL FOR THE ASSESSEE HAS PLACED RELIANCE ON THE JUDGMENT OF THE HONBLE DELHI HIGH COURT IN THE CASE OF CONSULTATIN G ENGINEERING SERVICES (INDIA) PRIVATE LTD. VS. DEPUTY COMMISSION ER OF INCOME TAX & ANR. W.P.(C) TO 2029/2014. IN SUPPORT OF THE CONTEN TION, THAT IN VIEW OF THE PROVISIONS OF FIRST PROVISO OF SECTION 147 OF T HE ACT, THE REVENUE CANNOT BE PERMITTED TO REOPEN THE ASSESSMENT AS THE NECESSARY PRE- CONDITION FOR DOING SO IN THE CASE WHICH WAS BEYOND FOUR YEARS FROM THE END OF THE RELEVANT ASSESSMENT YEAR HAD NOT BEE N FULFILLED. IN OUR CONSIDERED VIEW, THE FACTS OF THE PRESENT CASE ARE DIFFERENT AND DISTINGUISHABLE, HERE IS A CASE WHERE THE ASSESSEE HAD NOT DISCLOSED UNDER WHAT PROVISION OF THE ACT, AND HE HAD DEDUCTE D THE PROFIT FROM SALE OF ENERGY. ADMITTEDLY, THE ASSESSEE HAS ALSO C LAIMED EXPENDITURE ON SUCH INCOME. UNDER THESE FACTS, WE ARE UNABLE TO ACCEPT THE CONTENTION OF THE LD. COUNSEL FOR THE ASSESSEE. THI S GROUND OF THE ASSESSEES APPEAL IS DISMISSED. 6. APROPOS TO THE OTHER REMAINING GROUNDS, NO ARGU MENT IS ADDRESSED. THEREFORE, THE OTHER GROUNDS ARE ALSO DISMISSED. M.A. NO. 49/JP/2018 FATEHPURIA TRANSFORMERS &SWITCHGEARS PVT. LTD. VS. ACIT 3 4. THE HONBLE RAJASTHAN HIGH COURT IN D.B.I.T.A. N O. 324/2017 DATED 29.11.2017 HAS HELD AS UNDER:- THE CONTENTION WHICH IS MERELY ARGUED HERE IS NOT REFLECTED IN THE JUDGMENT OF THE TRIBUNAL. IT IS CONTENDED THAT THE ARGUMENT WAS RAISED BUT THE SAME IS NOT REFLECTED IN THE ORDER. HENCE, IT WILL BE OPEN FOR THE APPELLANT TO FILE RECTIFICATION APPLICATION BEFORE THE TRIBUNAL. IT IS MADE CLEAR THAT WE HAVE NOT EXPRESSED ANY OPI NION ON MERITS OF THE CASE AT THIS STAGE. HOWEVER, IT WILL BE OPEN FO R THE APPELLANT TO FILE APPEAL AFTER RECTIFICATION APPLICATION IS DECIDED W QHEREIN EVEN THIS ORDER CAN BE CHALLENGED THE APPEAL STANDS DISPOSED OF. 5. DURING THE COURSE OF HEARING, THE LD. AR COULD N OT EXPLAIN WHICH ALL CONTENTIONS WHICH WERE ARGUED AND WHICH ARE NOT REFLECTED IN THE JUDGMENT PASSED BY THE COORDINATE BENCH. RATHER, WE FIND THAT ALL THE CONTENTIONS SO RAISED HAVE BEEN DULY CONSIDERED AND THEREAFTER, FINDINGS HAVE BEEN GIVEN BY THE COORDINATE BENCH WH ICH CANNOT BE SUBJECT MATTER OF RECTIFICATION AS THE SAME WOULD A MOUNT TO A REVIEW NOT PERMISSIBLE UNDER SECTION 254(2) OF THE ACT. I N VIEW OF THE SAME, WE DO NOT SEE ANY MISTAKE WHICH CALL FOR RECTIFICAT ION U/S 254(2) OF THE ACT. IN THE RESULT, THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS HEREBY DISMISSED. M.A. NO. 49/JP/2018 FATEHPURIA TRANSFORMERS &SWITCHGEARS PVT. LTD. VS. ACIT 4 ORDER PRONOUNCED IN THE OPEN COURT ON 13/08/2018. SD/- SD/- FOT; IKY JKO FOE FLAG ;KNO (VIJAY PAL RAO) (VIKRAM SINGH YADAV) U;KF;D LNL;@ JUDICIAL MEMBER YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 13/08/2018. * SANTOSH. VKNS'K DH IZFRFYFI VXZSFKR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- FATEHPURIA TRANSFORMERS AND SWITCHGE ARS PVT. LTD., JAIPUR. 2. IZR;FKHZ@ THE RESPONDENT- ACIT, CIRCLE-1. JAIPUR. 3. VK;DJ VK;QDR@ CIT 4. VK;DJ VK;QDR@ CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR. 6. XKMZ QKBZY@ GUARD FILE {M.A. NO. 49/JP/2018} VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASST. REGISTRAR