ITO, Uttar Pradesh V. Trimurthi Steels Pvt. Ltd., Muzaffarnagar

MA 579/DEL/2010

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6392 (ITAT-DELHI)
• Duration Of Justice: 8 month(s) 9 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 21-04-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: misc
• Appeal Filed On: 12-08-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A K MONGA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL [ DELHI BENCH A DELHI ] BEFORE SHRI I. P. BANSAL, JM & SHRI K. D. R ANJAN, AM MISC. APP. NO. 579 (DEL) OF 2010 [ IN I. T. APPEAL NO. 2644 (DEL) OF 1995 ]. ASSESSMENT YEAR : 1989-90 DY. COMMISSIONER OF INCOME-TAX, M/S. TRIMURTI STEELS PV T. LTD., SPECIAL RANGE, VS. C/O. TAYAL S TEELS PVT. LTD., MUZAFFAR NAGAR. VILL. & P. O. : B E G R A J P U R, MUZAFFAR NAGAR [U.P.] P A N / G I R NO. : . ( APPLICANT ) ( RESPONDENT ) ASSESSEE BY : MS. RANO JAIN, C. A.; DEPARTMENT BY : SHRI A. K. MONGA, SR. D. R.; O R D E R. PER K. D. RANJAN, AM : THIS MISC. APPLICATION BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE ITAT DATED 27 TH MARCH, 2001 IN ITA. NO. 2644 (DEL) OF 1995 FOR ASS ESSMENT YEAR 1989-90 PASSED BY THE ITAT, DELHI BENCH A, NEW DELHI. 2 MISC. APP. NO. 579 (DEL) OF 2010 2. THE MISC. APPLICATION HAS BEEN FILED BY THE REVE NUE ON 12/08/2010. IN THE MISC. APPLICATION IT HAS BEEN SUBMITTED THAT THE ASSESSEE S APPEAL BEFORE THE ITAT AGAINST IMPOSITION OF THE PENALTY AT RS.1,14,645/- UNDER SE CTION 271(1)(C) OF THE ACT WAS DELETED RELYING ON THE DECISION OF HONBLE PUNJAB & HARYANA HIGH COURT IN THE CASE OF CIT VS. PRITHIPAL SINGH & CO. (1990) 183 ITR 69 (P & H). IT HAS BEEN STATED THAT THE DECISION OF HONBLE PUNJAB & HARYANA HIGH COURT IN THE CASE OF CIT VS. PRITHIP AL SINGH & CO. (SUPRA) HAS BEEN OVER-RULED BY THE HONBLE SUPREME COURT OF INDIA IN THE CASE O F CIT VS. GOLD COIN HEALTH FOOD PVT. LTD. 304 ITR 308 (SC). FURTHER THE ASSESSING OFFICER IN THE MISCELLANEOUS APPLICATION HAS SUBMITTED THAT SPECIAL PROSECUTING COUNSEL IN HIS LETTER DATE D 8/07/2010 HAS STATED THAT THE ASSESSEE HAD GOT RELIEF ON TECHNICAL GROUND WHEREBY ITAT HAD DELET ED THE PENALTY ON THE GROUND THAT INCOME COMPUTED WAS A LOSS FIGURE. RELYING ON THE ADVICE OF THE SPECIAL PROSECUTING COUNSEL IT HAS BEEN SUBMITTED THAT IN VIEW OF DECISION OF HONBLE SUPRE ME COURT IN THE CASE OF CIT VS. GOLD COIN HEALTH FOOD PVT. LTD. (SUPRA) THE EFFECT OF DECISI ON OF THE HONBLE PUNJAB & HARYANA HIGH COURT IN THE CASE OF CIT VS. PRITHIPAL SINGH & CO. (SUPRA) HAD BEEN NULLIFIED AND, THEREFORE, THE ORDER MAY BE RECALLED, AS THERE IS MISTAKE APPARENT FROM RECORD. 3. WE HAVE HEARD BOTH THE PARTIES. UNDER SECTION 2 54(2) OF THE I. T. ACT THE APPELLATE TRIBUNAL MAY AT ANY TIME WITHIN FOUR YEARS FROM THE DATE OF THE ORDER WITH A VIEW TO RECTIFYING ANY MISTAKE APPARENT FROM THE RECORD, AMEND ANY ORD ER PASSED BY IT UNDER SUB SECTION (1) AND SHALL MAKE SUCH AMENDMENT IF THE MISTAKE IS BRO UGHT TO ITS NOTICE BY THE ASSESSEE OR BY THE ASSESSING OFFICER. FROM THE PROVISIONS OF SECT ION 254(2) IT IS CLEAR THAT ANY MISTAKE APPARENT FROM THE RECORDS CAN BE RECTIFIED WITHIN THE PERIOD OF FOUR YEARS FROM THE DATE OF ORDER. IN THIS CASE, ITAT PASSED ORDER ON 27 TH MARCH, 2001. THEREFORE, THE MISTAKE, IF ANY, COUL D HAVE BEEN RECTIFIED BY 26 TH MARCH, 2005. SINCE THE REVENUE HAS FILED THE MISC . APPLICATION ON 12/08/2010, WHICH IS BEYOND THE PERIOD OF FOUR YEAR S AND, THEREFORE, THE APPLICATION FILED FOR RECTIFICATION, BEING BEYOND THE PERIOD OF LIMITATIO N, CANNOT BE ENTERTAINED AND IS TO BE DISMISSED AS SUCH. OUR VIEW IS SUPPORTED BY THE DECISION OF ITAT, SPECIAL BENCH IN THE CASE OF ARVIND BHAI H. SHAH VS. ACIT 91 I. T. D. 101 (AHD.) WHEREI N IT HAS BEEN HELD THAT IN THE ABSENCE OF STATUTORY PROVISION, WHICH ALLOW THE CONDONATION O F DELAY, BELATED APPLICATION COULD NOT BE ENTERTAINED. WE ORDER ACCORDINGLY. 3 MISC. APP. NO. 579 (DEL) OF 2010 4. IN THE RESULT, THE MISC. APPLICATION FILED BY T HE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON : 21 ST APRIL, 2011. SD/- SD/- [ I. P. BANSAL ] [ K. D. RA NJAN ] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 21 ST APRIL, 2011 *MEHTA * COPY OF THE ORDER FORWARDED TO : - 1. APPLICANT. 2. RESPONDENT. 3. CIT, 4. CIT (APPEALS), 5. DR, ITAT, NEW DELHI. TRUE COPY. BY ORDER. ASSISTANT RE GISTRAR, ITAT.