DCIT, CC-3 (2), CHENNAI V. VICOANS INFRSTRUCTURE ENVIRONMENTAL ENGINEERING PVT. LTD., CHENNAI

MA 51/CHNY/2023

AI Insights

The case involves a miscellaneous application by the Revenue pointing out alleged mistakes in the Tribunal's earlier order concerning Vicoans Infrastructure Environment Engineering Pvt. Ltd. The Revenue contended that the Tribunal failed to address the applicability of the Madras High Court's decision in Sundaram Finance Ltd. to the case at hand. However, the Tribunal clarified that it had indeed considered the cited decision in a different context, referencing the case of Babuji Jacob vs. ITO, which distinguished the Sundaram Finance decision. The Tribunal found no oversight in their previous ruling and dismissed the application.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 135189 (ITAT-CHENNAI)
• Duration Of Justice: 5 month(s) 10 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-07-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 06-07-2023
• Assessment Year: 2009-2010
• Appeal Filed On: 26-01-2023
• Other Referred Cases: Babuji Jacob vs. ITO, Sundaram Finance Ltd.
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

आयकर अपीलीय अिधकरण, ‘सी’ ᭠यायपीठ, चे᳖ई IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH, CHENNAI ᮰ी महावीर ᳲसह, उपा᭟यᭃ एवं ᮰ी मनोज कुमार अᮕवाल, लेखा सद᭭य के समᭃ BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENTAND SHRI MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER िविवध यािचका सं / M.A. No.51/CHNY/2023 (arising in I.T.A. No. 3170/CHNY/2019) िनधाᭅरण वषᭅ / Assessment Year : 2009-10 The ITO, Corporate Circle 3(3), Chennai. Vs. Vicoans Infrastructure Environment Engineering Pvt. Ltd., No.39, 1 st Cross Street, West CIT Nagar, Nandanam, Chennai – 600 035. PAN: AACCV 4087H (अपीलाथᱮ / Applicant) (ᮧ᭜यथᱮ/Respondent) अपीलाथᱮ कᳱ ओर से /Applicant by : Shri AR.V. Sreenivasan, Addl.CIT ᮧ᭜यथᱮ कᳱ ओर से/Respondent by : None सुनवाई कᳱ तारीख/ Date of hearing : 07.07.2023 घोषणा कᳱ तारीख /Date of Pronouncement : 07.07.2023 आदेश /O R D E R PER MAHAVIR SINGH, VICE PRESIDENT: By way of this Miscellaneous Application, the Revenue has pointed out that there are mistakes in the order of the Tribunal in ITA No. 3170/CHNY/2019 dated 24.08.2022. 2 M.A No.51/CHNY/2023 2. The only mistake pointed out by Revenue in its application filed on 27.01.2023 at nos. 8 & 9 is as under:- “8. While passing the order in ITA No.3170/Chny/2019 dated 24.08.2022, the Hon’ble ITAT has not answered why the decision of jurisdictional High Court in the case of Sundaram Finance Limited., 403 ITR 407, was not applicable in the present even though the same was the ground number 3 of grounds of appeal. 9. While passing the order in ITA No.3170/Chny/2019 dated 24.08.2022, the Hon’ble ITAT has not answered ground number 4 of the grounds of appeals, which states that both the limbs are applicable in the facts and circumstances of the case.” 3. The ld. Senior DR pointed out that the Tribunal has not considered the decision of Hon’ble Madras High Court in the case of Sundaram Finance Ltd., 403 ITR 407, referred by ld. Senior DR. 4. We have gone through the Tribunal’s order and noted that the Tribunal has considered the decision of Hon’ble Madras High Court in the case of Babuji Jacob vs. ITO, [2021] 124 taxmann.com 363, wherein the decision of Hon’ble Madras High Court in the case of Sundaram Finance Ltd., supra has been considered and distinguished. When this was pointed out to ld. Senior DR now, he could not controvert the above fact. Since, the Tribunal has considered the latest decision of Hon’ble Madras High Court in the case of Babuji Jacob which in turn distinguished the decision of 3 M.A No.51/CHNY/2023 Sundaram Finance Ltd., supra, we find no mistake borne on record in the order of the Tribunal. Hence, we dismiss the miscellaneous application filed by the Revenue. 5. In the result, the miscellaneous application of the Revenue is dismissed. Order pronounced in the open court on 7 th July, 2023 at Chennai Sd/- Sd/- (मनोज कुमार अᮕवाल) (MANOJ KUMAR AGGARWAL) लेखा सद᭭य /ACCOUNTANT MEMBER (महावीर ᳲसह ) (MAHAVIR SINGH) उपा᭟यᭃ /VICE PRESIDENT चे᳖ई/Chennai, ᳰदनांक/Dated, the 7 th July, 2023 RSR आदेश कᳱ ᮧितिलिप अᮕेिषत/Copy to: 1. अपीलाथᱮ/Applicant 2. ᮧ᭜यथᱮ/Respondent 3. आयकर आयुᲦ /CIT 4. िवभागीय ᮧितिनिध/DR 5. गाडᭅ फाईल/GF.