M/s. Karnataka Instrade Corporation ltd., Bangalore V. ACIT, Bangalore

MA 6/BANG/2010

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 4397 (ITAT-BANGALORE)
• Duration Of Justice: 7 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 10-02-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2004-2005
• Appeal Filed On: 03-02-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JASON P BOAZ
• Assessee Lawyers: CHANDRASHEKAR

Judgement Text

PAGE 1 OF 3 M.P.N0.6/BANG/2010 1 IN THE INCOME TAX APPELLATE TRIBUNAL, BANGALORE BENCH A BEFORE SHRI K P T THANGAL, VICE PRESIDENT AND SHRI A MOHAN ALANKAMONY, A.M. M.P.NO.6/BANG/2010 (IN ITA NO.856/BANG/09) (ASST. YEAR 2004-05) KARNATAKA INSTRADE CORPORATION LTD. (FORMERLY KNOWN AS M/S KARNATAKA MINERALS & MDG. CO. LTD.), NO.1, GEF ADMINISTRATIVE BLOCK, NEW BEL ROAD, MSRIT POST, BANGALORE-54. - APPELLANT/PETITIONER VS THE ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(2), BANGALORE-1. - RESPONDENT APPELLANT/PETITIONER BY : SHRI CHANDRASHEKAR RESPONDENT BY : SHRI JASON P BOAZ O R D E R PER K P T THANGAL, VICE PRESIDENT : THE MISCELLANEOUS PETITION IS AGAINST THE ORDER O F THE TRIBUNAL DATED 20.11.2009. 2. ACCORDING TO THE REPRESENTATIVE OF THE ASSESSEE , IN THE ORDER OF THE TRIBUNAL, SOME APPARENT MISTAKES HAVE BEEN CREPT IN, WHICH IS TO BE CORRECTED. SINCE THERE ARE APPAREN T ERRORS WITHIN THE SCOPE OF SECTION 254(2), ASSESSEE'S REPRESENTAT IVE BROUGHT OUR ATTENTION TO PARA 3.1 AT PAGE 2 OF THE ORDER WHICH READS AS UNDER:- PAGE 2 OF 3 M.P.N0.6/BANG/2010 2 'AFTER AN ELABORATE ARGUMENTS, BOTH THE PARTIES FINALLY AGREED THAT THE ISSUE IS COVERED AGAINST TH E ASSESSEE IN ASSESSEE'S OWN CASE FOR THE ASST. YEAR 2000-01 IN ITA NO.378/BANG/2006 DATED 19TH SEPTEMBER, 2008. RESPECTFULLY FOLLOWING THE SAME, WE DISMISS THE ABOVE GROUND OF APPEAL'. THE ASSESSEE'S REPRESENTATIVE SUBMITTED THAT IN FAC T THE REFERENCE MADE BY THE TRIBUNAL IN THE ABOVE QUOTED PORTION FOR THE ASST. YEAR 2000-01 IN ITA NO.378/BANG/2006 IS ERRONEOUS. THE ISSUE IS COVERED NOT IN THE ABOVE-REFERRED APPELLATE ORDER O F THE TRIBUNAL BUT IN ITA NO.855/BANG/2008 DATED 6.2.2009 FOR THE ASST. YEAR 2002-03. HENCE, WE SUBSTITUTE THE ABOVE PARA 3.1 O F THE ORDER AS FOLLOWS:- 'AFTER AN ELABORATE ARGUMENTS, BOTH THE PARTIES FINALLY AGREED THAT THE ISSUE IS COVERED AGAINST TH E ASSESSEE IN ASSESSEE'S OWN CASE FOR THE ASST. YEAR 2002-03 IN ITA NO.855/BANG/2008 DATED 6.2.2009. RESPECTFULLY FOLLOWING THE SAME, WE DISMISS THE ABOVE GROUND OF APPEAL'. 3. THE ASSESSEE'S REPRESENTATIVE SUBMITTED THAT TR IBUNAL WHILE PASSING THE ORDER HAS ALSO COMMITTED ANOTHER APPARENT MISTAKE. AT PARA 4 OF PAGE 2 OF THE ORDER, THE TRI BUNAL HELD THAT 'GROUND NO.3 IS NOT PRESSED BY THE ASSESSEE'S COUNSE L. THIS GROUND IS DISMISSED AS NOT PRESSED'. 4. THE CASE OF THE ASSESSEE IS THAT WHILE ARGUING THE POINT, THE ASSESSEE PLACED RELIANCE ON THE DECISION OF THE HON'BLE APEX COURT IN THE CASE OF M/S OBEROI HOTELS LTD. V CIT 2 36 ITR 903 PAGE 3 OF 3 M.P.N0.6/BANG/2010 3 5. ON THE OTHER HAND, THE LEARNED DR SUBMITTED THA T THE ISSUE IS NOW SQUARELY COVERED AGAINST THE ASSESSEE B Y THE DECISION. 6. AFTER CONSIDERING THE SUBMISSIONS OF BOTH THE P ARTIES AND SINCE THE TRIBUNAL HAD NOT DISCUSSED THE ISSUE ON MERIT, WE ACCEPT THE PLEA OF THE ASSESSEE'S REPRESENTATIVE. WE RECALL OUR ORDER ON THIS POINT SPECIFICALLY TO DECIDE THE ISSUE ON MERIT. WE DIRECT THE REGISTRY TO POST THE CASE FOR HEARING IN NORMAL COURSE. 7. IN THE RESULT, THE MISCELLANEOUS PETITION IS AL LOWED. SD/- SD/- (A MOHAN ALANKAMONY) (K P T THANGAL) ACCOUNTANT MEMBER VICE PRESIDENT BANGALORE, DTD.10/2/2010 COPY TO : (1) THE ASSESSEE (2) THE REVENUE (3) TH E CIT(A) CONCERNED.(4) THE CIT CONCERNED. (5) THE DR (6) G UARD FILE. (7) GF, ITAT, NEW DELHI. MSP/5.2. BY ORDER ASST. REGISTRAR, ITAT, BANGALORE.