Shree Ganesh Ventures, CHENNAI V. DCIT, CHENNAI

MA 54/CHNY/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4431 (ITAT-CHENNAI)
• Duration Of Justice: 3 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 22-07-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 22-07-2016
• Assessment Year: 2007-2008
• Appeal Filed On: 11-04-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A V SREEKANTH
• Assessee Lawyers: DR ANITA SUMANTH
• Keywords: Rectification of order
• Section: 40A(3); 68

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , C B ENCH, CHENNAI . . . , . , ' BEFORE SHRI N.R.S.GANESAN, JUDICIAL MEMBER AND SHRI A.MOHAN ALANKAMONY, ACCOUNTANT MEMBER MISCELLANEOUS PETITION NO. 54/MDS/2016 ( ./ IN I.T.A.NO.2344/MDS/2015 ( / ASSESSMENT YEAR : 2007-08 ) M/S. SHREE GANESH VENTURES, 14A, ENNORE HIGH ROAD, CHENNAI-600 019 VS THE DEPUTY COMMISSIONER OF INCOME TAX, NON-CORPORATE CIRCLE-6, CHENNAI. PAN: AAOFS0487K (PETITIONER) ( /RESPONDENT) APPLICANT BY : DR.ANITA SUMANTH, ADVOCATE /RESPONDENT BY : MR. A.V.SREEKANTH, JCIT /DATE OF HEARING : 22 ND JULY, 2016 /DATE OF PRONOUNCEMENT : 22 ND JULY, 2016 / O R D E R PER A. MOHAN ALANKAMONY, AM: THE MISCELLANEOUS PETITION IS FILED BY THE ASSESSE E PRAYING FOR RECTIFICATION OF MISTAKE BY RECALLING T HE ORDER OF THE TRIBUNAL PASSED IN ITA NO.2344/MDS/2015 DATED 16.03 .2016. 2. BEFORE US, THE LEARNED AUTHORIZED REPRESENTATIVE SUBMITTED THAT WITH RESPECT TO THE ADDITION MADE UN DER SECTION 68 IN REGARD TO THE CREDITORS M/S.SHREE GAN ESH STEELS AND M/S. D.G.TRADERS, THE TRIBUNAL IN ITS OR DER DATED 16.03.2016 HAS STATED THAT EVEN BEFORE US NEITHER THE ASSESSEE NOR ITS AUTHORIZED REPRESENTATIVE COULD PR ODUCE ANY MATERIAL WITH COGENT EVIDENCE TO ESTABLISH THE IDENTITY 2 MP NO.54/MDS/2016 AND GENUINENESS OF THE CREDITORS AND WITH THIS FIN DING CONFIRMED THE ORDER OF THE REVENUE. THE LEARNED AU THORIZED REPRESENTATIVE SUBMITTED THAT VARIOUS DETAILS SUCH AS INVOICE FROM THESE CREDITORS DISCLOSING THEIR ADDRESS, SALE S-TAX REGISTRATION NUMBER ETC., WERE FURNISHED IN THE PAP ER BOOK WHICH WAS EITHER NOT EXAMINED OR BROUGHT TO NOTICE BEFORE THE BENCH. FURTHER, THE LEARNED AUTHORIZED REPRESEN TATIVE SUBMITTED THAT EVEN FOR THE DISALLOWANCE MADE UNDER SECTION 40A(3) OF THE ACT FOR `17,20,000/-, THE TRIBUNAL H AD ARRIVED AT A SIMILAR DECISION WITHOUT EXAMINING THE MATERIALS ON RECORD. FOR THE ABOVE STATED REASONS, THE LEARNED AUTHORIZE D REPRESENTATIVE PLEADED THAT THE ORDER OF THE TRIBUN AL MAY BE RECALLED FOR CONSIDERING THESE FACTS AND RECTIFYING THE MISTAKES THAT HAD CREPT INTO THE ORDER OF THE TRIBU NAL WHILE ARRIVING AT THE DECISION ON THE EARLIER OCCASION. 3. THE LEARNED DEPARTMENTAL REPRESENTATIVE VEHE MENTLY OPPOSED TO THE SUBMISSIONS OF THE LEARNED AUTHORIZE D REPRESENTATIVE BY ARGUING THAT ALL THESE FACTS WERE CONSIDERED BY THE BENCH WHILE ARRIVING ITS DECISION ON THE EARLIER OCCASION. IT WAS THEREFORE REQUESTED THAT T HE ORDER OF THE TRIBUNAL MAY BE CONFIRMED. 4. WE HAVE HEARD THE RIVAL SUBMISSIONS AND CAREFULL Y PERUSED THE MATERIALS AVAILABLE ON RECORD. FROM THE ARGUMENTS OF THE LEARNED AUTHORIZED REPRESENTATIVE AND ON EXAMINING THE ORDER OF THE TRIBUNAL, IT IS APPAREN T THAT THE 3 MP NO.54/MDS/2016 DOCUMENTS FURNISHED BY THE ASSESSEE IN THE PAPER BO OK WAS LOST SIGHT OFF AND WERE NOT EXAMINED BY THE BENCH O N THE EARLIER OCCASION AND THERE IS NO DISCUSSION WITH RE SPECT TO THE SAME IN THE ORDER OF THE TRIBUNAL. THEREFORE, IN TH E INTEREST OF JUSTICE, WE HEREBY RECALL THE ORDER OF THE TRIBUNAL IN ORDER TO EXAMINE THE MATERIALS ON RECORD POINTED OUT BY THE ASSESSEE AND THEREAFTER RECTIFY THE MISTAKE IF ANY, IN THE O RDER OF THE TRIBUNAL. THE REGISTRY IS DIRECTED TO POST THE APP EAL FOR HEARING IN DUE COURSE AND INTIMATE BOTH THE PARTIES . 5. IN THE RESULT, THE MISCELLANEOUS PETITION OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THE 22 ND JULY, 2016 SD/- SD/- ( . . . ) ( . ) (N.R.S.GANESAN) ( A.MOHAN ALANKAMONY ) ! # /JUDICIAL MEMBER # / ACCOUNTANT MEMBER ! /CHENNAI, % /DATED THE 22 ND JULY, 2016 SOMU '( )( /COPY TO: 1. APPELLANT 2. RESPONDENT 3. * ( )/CIT(A) 4. * /CIT 5. ( - /DR 6. /GF.