Income-tax Officer, V. M/s. Kirti Solvex Ltd.,

MA 55/PUN/2014

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 3794 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 7 month(s) 24 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-12-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 06-11-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 10-04-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NIKHIL PATHAK ING H
• Assessee Lawyers: MANISH KUMAR SINGH
• Section: 40A(3)

Judgement Text

] IQ.KS ] IQ.KS ] IQ.KS ] IQ.KS IQ.KS IQ.KSIQ.KS IQ.KS IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A, PUNE , . . , # BEFORE MS. SUSHMA CHOWLA, JM AND SHRI R.K. PANDA, AM $$ . / MA NO.54/PN/2014 (ARISING OUT OF ITA NO.907/PN/2012) ASSESSMENT YEAR : 2007-08 ITO, CENTRAL-I, NASHIK . / APPLICANT V/S M/S. KIRTI DAL MILLS LTD., 79-C, MARKET YARD, LATUR 413 512 PAN NO. AAACK7418F . / RESPONDENT $$ . / MA NO.55/PN/2014 (ARISING OUT OF ITA NO.911/PN/2012) ASSESSMENT YEAR : 2007-08 ITO, CENTRAL-I, NASHIK . / APPLICANT V/S M/S. KIRTI SOLVEX LTD., 79-C, MARKET YARD, LATUR 413 512 PAN NO. AAACK7419E . / RESPONDENT / APPLICANT BY : SHRI MANISH KUMAR SINGH / RESPONDENT BY : S SHRI NIKHIL PATHAK ING H / DATE OF HEARING : 06.11.2015 / DATE OF PRONOUNCEMENT:04.12.2015 2 MA NOS.54 & 55/PN/2014 / ORDER PER R.K. PANDA, AM : THE REVENUE THROUGH THE ABOVE 2 MISCELLANEOUS APPLICATION S REQUESTS THE TRIBUNAL TO RECTIFY CERTAIN MISTAKES THAT H AVE CREPT IN THE ORDER OF THE TRIBUNAL. 2. THE LD. DEPARTMENTAL REPRESENTATIVE REFERRING TO MISCELLANEOUS APPLICATION NO.54/PN/2014 SUBMITTED THAT THE TRIBUNAL WHILE ADJUDICATING THE GROUND RELATING TO ADDITION U/S.40A(3) HAS SET ASIDE THE GROUND RAISED BY THE ASSESS EE TO THE FILE OF THE AO WHEREAS DISMISSED THE GROUND RAISED BY THE REVENUE ON THE SAME ISSUE. THE TRIBUNAL SHOULD HAVE TAKEN A C ONSISTENT VIEW FOR THE SAME ISSUE FILED BY THE ASSESSEE AS WELL AS TH E REVENUE. THEREFORE, CERTAIN MISTAKES HAVE CREPT IN THE ORDER OF THE TRIBUNAL. THEREFORE, THE ORDER OF THE TRIBUNAL SHOULD BE REC ALLED AND APPROPRIATE ORDERS MAY BE PASSED. 3. THE LD. COUNSEL FOR THE ASSESSEE ON THE OTHER HAND SUBMITTED THAT THE AO HAS MADE ADDITION U/S.40A(3) AMOUN TING TO RS.46,29,750/- BEING 20% OF RS.2,31,48,749/- PAID BY THE ASSESSEE IN VIOLATION OF PROVISIONS OF SECTION 40A(3) OF THE A CT. BEFORE THE CIT(A) THE ASSESSEE BIFURCATED THE AMOUNT BY CLASSIFYING THE CHEQUES ISSUED BEFORE 13-07-2006 AMOUNTING TO RS.32,13,687/-, CHEQUES ISSUED AFTER 13-07-2006 BUT BEFORE 09-11- 2006 AT RS.1,30,150/- AND CHEQUE AMOUNT BELOW RS.20,000/- EACH AMOUNTING TO RS.1,39,04,850/-. IT WAS ALSO SUBMITTED BEFORE CIT(A) THAT CHEQUES AMOUNTING TO RS.59,00,062/- ARE NOT T RACEABLE. THE CIT(A) DELETED AN AMOUNT OF RS.27,80,971/- AND CONFIRME D 3 MA NOS.54 & 55/PN/2014 ADDITION OF RS.18,48,779/-. HE SUBMITTED THAT THE AMENDMENT TO SECTION 40A(3) WERE EFFECTED W.E.F. 13-07-2006 AND RULE 6DD H AS BEEN AMENDED W.E.F. 09-11-2006. CONSIDERING THE AMENDMENT TO THE PROVISIONS OF THE ACT THE TRIBUNAL DISMISSED THE GRO UND RAISED BY THE REVENUE AND RESTORED THE GROUND RAISED BY THE ASSESSEE TO THE FILE OF THE AO. SINCE THE ORDER HAS BEEN PASSED BY THE TRIBUNAL AFTER CONSIDERING THE AMENDMENT TO THE PROVISIONS OF SECT ION 40A(3) AND RULE 6DD, THEREFORE, THERE IS NO MISTAKE IN THE ORDE R OF THE TRIBUNAL WHICH CALLS FOR RECTIFICATION. THEREFORE, THE MISCELLAN EOUS APPLICATION FILED BY THE REVENUE SHOULD BE DISMISSED. 4. WE HAVE CONSIDERED THE CONTENTS OF THE MISCELLANEOUS APPLICATION AND HEARD THE RIVAL ARGUMENTS MADE BY BOTH T HE SIDES. WE FIND THE TRIBUNAL AFTER CONSIDERING THE AMENDMENT TO TH E PROVISIONS OF SECTION 40A(3) AND RULE 6DD HAS DISMISSED THE GROUND RAISED BY THE REVENUE AND RESTORED THE GROUND OF THE ASSESSEE TO THE FILE OF THE AO FOR ADJUDICATION. NO APPARE NT MISTAKE IN THE ORDER OF THE TRIBUNAL COULD BE POINTED BY THE LD. DEPARTMENTAL REPRESENTATIVE. THE REVENUE THROUGH THIS MISCELLANEOUS APPLICATION REQUESTS THE TRIBUNAL TO RECONSID ER THE ISSUE WHICH IN OUR OPINION AMOUNTS TO REVIEW OF ITS OWN OR DER BY THE TRIBUNAL WHICH IS NOT PERMISSIBLE IN LAW. ACCORDINGLY, THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS DISMISSED. M.A.NO.55/PN/2014 (M/S. KIRTI SOLVEX LTD.): 5. THE REVENUE THROUGH THIS MISCELLANEOUS APPLICATION REQU ESTS THE TRIBUNAL TO RECTIFY ITS ORDER SINCE CERTAIN MISTAKES HAVE CREPT IN THE ORDER OF THE TRIBUNAL. 4 MA NOS.54 & 55/PN/2014 6. THE LD. DEPARTMENTAL REPRESENTATIVE REFERRING TO THE MISCELLANEOUS APPLICATION SUBMITTED THAT WHILE THE TRIBUNAL HA S DISMISSED THE GROUND RAISED BY THE REVENUE ON ACCOUNT OF DELETION OF RS.87,706/- ADDED U/S.40A(3) THE TRIBUNAL HAS RESTORED T HE ISSUE TO THE FILE OF THE AO REGARDING CONFIRMATION OF ADDITION OF RS.2,66,167/- MADE U/S.40A(3) IN THE APPEAL FILED BY THE ASSESSEE. 7. THE LD. DEPARTMENTAL REPRESENTATIVE SUBMITTED THAT THE TRIBUNAL SHOULD HAVE RESTORED THE GROUND RAISED BY THE REVENUE TO THE FILE OF THE AO INSTEAD OF DISMISSING THE SAME. HE SUBMIT TED THAT THE FACTS OF THE PRESENT CASE ARE IDENTICAL TO THE FACTS IN THE CASE OF M.A.NO.54/PN/2015, THEREFORE, APPROPRIATE ORDER MAY BE PASSED. 8. THE LD. COUNSEL FOR THE ASSESSEE ON THE OTHER HAND SUBMITTED THAT THE FACTS IN THE INSTANT CASE ARE ALSO ID ENTICAL TO THE FACTS IN M.A.NO.54/PN/2014 FILED BY THE REVENUE IN THE CASE OF M/S. KIRTI DAL MILLS LTD. THEREFORE, THE SAME ARGUMENTS HOL D GOOD FOR THIS MISCELLANEOUS APPLICATION. 9. AFTER HEARING BOTH THE SIDES, WE FIND THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE IN THE INSTANT CASE IS IDENT ICAL TO THE MISCELLANEOUS APPLICATION NO.54/PN/2014 IN THE CASE OF M /S. KIRTI DAL MILLS LTD. (SUPRA) FILED BY THE REVENUE. WE HAVE ALR EADY DECIDED THE ISSUE AND THE M.A. FILED BY THE REVENUE HAS BE EN DISMISSED. FOLLOWING THE SAME REASONING THIS M.A. FILED BY THE REVENUE IS DISMISSED. 5 MA NOS.54 & 55/PN/2014 10. IN THE RESULT, BOTH THE MISCELLANEOUS APPLICATIONS FILED BY THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 04-12-2015. SD/- SD/- ( SUSHMA CHOWLA ) ( R.K. PANDA ) JUDICIAL MEMBER ACCOUNTANT MEMBER IQ.KS PUNE ; DATED : 04 TH DECEMBER, 2015. LRH'K ' (*$ +$ / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. % ( ) - THE CIT(A)-I, NASHIK 4. % S / THE CIT-I, NASHIK 5. ( ++, , , , IQ.KS / DR, ITAT, A PUNE; 6. 0 / GUARD FILE. / BY ORDER , ( + //TRUE COPY// //TRUE COPY// 23 + , / SR. PRIVATE SECRETARY ,, IQ.KS / ITAT, PUNE