Jayant Promoters LLP (earlier Jayant Promoters Pvt.Ltd), Pune V. Pr. Commissioner of Income-tax -6, Pune

MA 57/PUN/2023

AI Insights

The case involves Jayant Promoters LLP, which filed a miscellaneous application under section 254(2) of the Income Tax Act, 1961, seeking to recall or rectify an earlier tribunal order that dismissed their main appeal. The tribunal's earlier decision upheld the Principal Commissioner of Income Tax's revision order under section 263, which found that the Assessing Officer had not conducted necessary enquiries during the section 143(3) assessment. The assessee argued that specific show cause notices were issued by the Assessing Officer, but failed to provide these documents during the hearing. The tribunal, referencing several precedents, concluded that the application did not point out any apparent mistake on record and thus dismissed the application.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 137062 (ITAT-PUNE)
• Duration Of Justice: 4 month(s) 13 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-08-2023
• Appeal Filed By: Assessee
• Order Result: DismissedDismissed
• Bench Allotted: A
• Next Hearing Date: 03-08-2023
• Assessment Year: 2015-2016
• Appeal Filed On: 23-03-2023
• Other Referred Cases: ACIT vs. Saurashtra Kutch Stock Exchange Ltd., CIT vs. Reliance Telecom Ltd., CIT vs. Ramesh Electric and Trading Co.
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A” : PUNE BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER M.A.No.57/PUN./2023 Arising out of I.T.A.No.1243/PUN./2018 - Assessment Year 2015-2016 Jayant Promoters LLP [Earlier Jayant Promoters Pvt. Ltd.,], Khandelwal Jain & Associates, Alankar Cinema Building, 1 st Floor, Above United Bank, Pune. PIN – 411 001 PAN AACCJ1265Hq vs. The Pr. Commissioner of Income Tax, Pune-6, Pune. (Applicant) (Respondent) For Assessee : Shri Sarvesh Khandelwal For Revenue : Shri Suhas Kulkarni Date of Hearing : 04.08.2023 Date of Pronouncement : 07.08.2023 ORDER PER SATBEER SINGH GODARA, J.M. : These assessee’s miscellaneous application M.A.No.57/PUN./2023 filed u/sec.254(2) of the Income Tax Act, 1961 (in short "the Act"). seek to recall/rectify the tribunal’s order dated 28.09.2022 in the corresponding main appeal I.T.A.No.1243/PUN./2018 dismissing the same. Heard both the parties at length. Case file perused. 2. Learned counsel representing the assessee vehemently submitted during the course of hearing that our impugned order dated 28.09.2022 has erred in law and on 2 M.A.No.60/PUN./2023 facts in holding that the PCIT’s sec.263 revision order deserves to be upheld since the Assessing Officer had not carried-out necessary enquiries whilst claiming his sec.143(3) assessment in question. Mr. Khandelwal sought to refer to the Assessing Officer’s alleged specific show cause notices to this effect. He could hardly rebut the clinching factual position that the same nowhere found part of the case records before us at the time of hearing which took place on 06.09.2022. That being the case, we are constrained to hold that the assessee’s instant miscellaneous application could not be treated as pin-pointing any apparent mistake on record as per case laws [2008] 305 ITR 277 (SC) ACIT vs. Saurashtra Kutch Stock Exchange Ltd.; [2021] 133 taxmann.com 41 (SC) CIT vs. Reliance Telecom Ltd.; and [1993] 203 ITR 497 (Bom.) CIT vs. Ramesh Electric and Trading Co. holding that the purpose of sec.254(2) rectification is only to correct apparent mistakes than adopting long drawn process of roving enquiries. We accordingly reject the assessee’s instant miscellaneous application. 3. No other ground or argument has been raised before us during the course of hearing. 4. This assessee’s miscellaneous application is dismissed in above terms. 3 M.A.No.60/PUN./2023 Order pronounced in the open Court on 07.08.2023. Sd/- Sd/- [INTURI RAMA RAO] [SATBEER SINGH GODARA] ACCOUNTANT MEMBER JUDICIAL MEMBER Pune, Dated 07 th August, 2023 VBP/- Copy to 1. The applicant 2. The respondent 3. The CIT(A) concerned. 4. The CCIT, Pune. 5. D.R. ITAT, Pune “A” Bench, Pune 6. Guard File. //By Order// Assistant Registrar, ITAT, Pune Benches, Pune.