PRECISION RUBBER INDUSTRIES P.LTD, V. DCIT 7(1),

MA 648/MUM/2012

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 0073 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 22-02-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2005-2006
• Appeal Filed On: 19-10-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: ASHOK PURI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH, C MUMBAI BEFORE SHRI R.K. GUPTA, JUDICIAL MEMBER AND SHRI RAJENDRA SINGH, ACCOUNTA NT MEMBER, MA NO: 648/MUM/2012 ARISING OUT OF ITA NO.: 6148/MUM/2009 ASSESSMENT YEAR : 2005-06 M/S. PRECISION RUBBER INDUSTRIES PVT. LTD. 201-A, POONAM CHAMBERS, SHIVASAGAR ESTATE, DR. B.A. ROAD, WORLI, MUMBAI 400 018 PAN NO.: AAACP 2272 L DY. COMMISSIONER OF INCOME TAX 7(1), AAYAKAR BHAVAN, QUEENS ROAD, MUMBAI (APPLICANT) VS. (RESPONDENT) APPLICANT BY : SHRI ASHOK PURI RESPONDENT BY : SHRI RAJARSHI DWIVEDY DATE OF HEARING : 22.02.2013 DATE OF PRONOUNCEMENT : 22.02.2013 ORDER PER RAJENDRA SINGH (AM). THIS MISCELLANEOUS APPLICATION HAS BEEN FILED BY TH E ASSESSEE REQUESTING FOR AMENDMENT OF ORDER DATED 6.6.2011 OF THE TRIBUNAL IN ITA NO.6148/MUM/2009 ON THE GROUND OF SOME APPARENT MIS TAKE. 2. IN THE MISCELLANEOUS APPLICATION IT HAS BEEN SUB MITTED THAT THE GROUND NO.1 WHICH RELATED TO NOT PASSING A SPEAKING ORDER AND NOT CONSIDERING THE SUBMISSION OF THE ASSESSEE AS WELL AS DECISION OF T HE TRIBUNAL CITED BEFORE IT HAS NOT BEEN ADJUDICATED BY THE TRIBUNAL. IT HAS AC CORDINGLY BEEN REQUESTED THAT THE ORDER MAY BE RECALLED FOR FRESH DECISION. MA NO: 648/MUM/2012 ARISING OUT OF ITA NO.: 6148/MUM/2009 ASSESSMENT YEAR : 2005-06 2 3. WE HAVE HEARD BOTH THE PARTIES IN THE MATTER. WE FIND THAT THE EFFECTIVE DISPUTE RAISED IN THE APPEAL WAS REGARDIN G ADDITION MADE ON ACCOUNT OF MODVAT CREDIT TO THE CLOSING STOCK. THE TRIBUNAL HELD THAT IN ADDITION TO THE ADDITION MADE IN CLOSING STOCK, MODVAT CREDIT WAS R EQUIRED TO BE ADDED TO THE OPENING STOCK. THE TRIBUNAL, THEREFORE, RESTORED TH E ISSUE TO THE FILE OF AO FOR PASSING A FRESH ORDER AFTER ALLOWING OPPORTUNITY OF HEARING TO THE ASSESSEE. IN VIEW OF THIS POSITION THERE WAS NO NEED FOR SEPARAT E ADJUDICATION OF GROUND NO.1 AS THE DISPUTE RAISED BY THE ASSESSEE STOOD DE CIDED. THE LD. AR HOWEVER SUBMITTED THAT THE ONLY GRIEVANCE OF THE ASSESSEE I S THAT INSTEAD OF SENDING THE MATTER TO THE AO, THE TRIBUNAL SHOULD HAVE REST ORED THE ISSUE TO THE FILE OF CIT(A) AND REQUESTED THAT THE ORDER MAY BE AMEND ED SO AS TO RESTORE THE MATTER TO THE FILE OF CIT(A). WE ARE HOWEVER UNABLE TO ACCEPT THE PLEA OF THE ASSESSEE. IT IS THE DISCRETION OF THE TRIBUNAL TO E ITHER TO RESTORE THE MATTER TO THE CIT(A) OR TO THE AO AND THEREFORE, THERE CAN NO T BE ANY APPARENT MISTAKE ON ACCOUNT OF MATTER BEING RESTORED EITHER TO AO OR CIT(A). THE TRIBUNAL COULD ONLY RECTIFY AN APPARENT MISTAKE AND HAS NO P OWER TO REVIEW THE DECISION. WE, THEREFORE, FIND NO MERIT IN THE MISCE LLANEOUS APPLICATION AND THE SAME IS, THEREFORE, REJECTED. 4. IN THE RESULT THE MISCELLANEOUS APPLICATION OF T HE ASSESSEE STANDS REJECTED. ORDER PRONOUNCED IN THE OPEN COURT ON 22/02/2013. SD/- SD/- (R.K. GUPTA) (RAJENDRA SINGH) JUDICIAL MEMBER ACCO UNTANT MEMBER MUMBAI, DATED: 22/02/2013. JV. MA NO: 648/MUM/2012 ARISING OUT OF ITA NO.: 6148/MUM/2009 ASSESSMENT YEAR : 2005-06 3 COPY TO: THE APPLICANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT(A) CONCERNED, MUMBAI THE DR BENCH TRUE COPY BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.