Harland Clarke Holding Software India Private Limited, CHENNAI V. DCIT Company Circle 2(2), CHENN

MA 69/CHNY/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 8895 (ITAT-CHENNAI)
• Duration Of Justice: 3 month(s) 16 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 05-07-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2013-2014
• Appeal Filed On: 20-03-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: V NANDA KUMAR
• Assessee Lawyers: R VIJAYARAGHAVAN

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH: CHENNAI , ! , ! & BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER '' ./ MISCELLANEOUS PETITION NO.69/CHNY/2019 (IN ITA NO.113/CHNY/2018) /ASSESSMENT YEAR: 2013-14 M/S.HARLAND CLARKE HOLDING- SOFTWARE INDIA PVT. LTD., C/O.MR.S.PADMANABHAN, OLD NO.39, NEW NO.26, MARUTHAPANDIAR STREET, CHITLAPAKKAM, CHENNAI-600 064. [PAN: AAHCS 4742 D] VS. THE DY. COMMISSIONER- OF INCOME TAX, COMPANY CIRCLE-2(2), CHENNAI. ( ) /APPELLANT) ( *+) /RESPONDENT) ) , / APPELLANT BY : MR.R.VIJAYARAGHAVAN, ADV. *+) , /RESPONDENT BY : MR.V.NANDAKUMAR, JCIT , /DATE OF HEARING : 05.07.2019 , /DATE OF PRONOUNCEMENT : 05.07.2019 / O R D E R PER GEORGE MATHAN, JUDICIAL MEMBER : THIS IS A MISCELLANEOUS PETITION FILED BY THE ASSE SSEE IN ITA NO.113/CHNY/2018 FOR THE AY 2013-14. 2. SHRI V.NANDAKUMAR, JCIT, REPRESENTED ON BEHALF OF THE REVENUE AND SHRI R.VIJAYARAGHAVAN, ADV., REPRESENTED ON BEHALF OF THE ASSESSEE. MP NO.69/CHNY/2019 (IN ITA NO.113/CHNY/2018) :- 2 -: 3. IT IS SUBMITTED BY THE LD.AR THAT GROUND NO.13 HAD BEEN DISMISSED AS NOT ARGUED. IT WAS A SUBMISSION THAT THIS WAS T HE MISTAKE APPARENT FROM THE RECORD IN SO FAR AS ALL THAT WAS REQUIRED FOR A DIRECTION TO THE AO TO GRANT THE ELIGIBLE MAT CREDIT FOR SET OFF AGAINS T THE TAX ON ASSESSED INCOME. 4. IN REPLY, THE LD.DR SUBMITTED THAT THE ISSUE HAS N OT BEEN ARGUED. IT WAS NOT A MISTAKE APPARENT FROM THE RECORD. 5. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. 6. WE ALSO PERUSED THE LOG BOOK MAINTAINED BY US. IT IS NOTICED THAT GROUND NO.13 OF THE GROUNDS HAS NOT BEEN ARGUED. CO NSEQUENTLY, THE SAID GROUND HAS BEEN DISMISSED. HOWEVER, IT IS NOTICED THAT THE ONLY ISSUE IS IN REGARD TO NOT CONSIDERING THE ELIGIBLE BROUGHT F ORWARD MAT CREDIT TO BE SET OFF AGAINST THE TAX ON THE ASSESSED INCOME. TH IS IS ONLY A CONSEQUENTIAL ADJUSTMENT THAT IS REQUIRED WHEN THE AO GIVES EFFECT TO THE ORDER OF THE TRIBUNAL. FOR A CONSEQUENTIAL ACTION, NO SPECIFIC FINDING IS REQUIRED TO BE GIVEN EITHER. IN ANY CASE, THE ASSE SSEE HAS NOT BEEN ABLE TO POINT OUT ANY SPECIFIC ERROR IN THE ORDER OF THE TRIBUNAL, WHICH CALLS FOR ANY RECTIFICATION. MP NO.69/CHNY/2019 (IN ITA NO.113/CHNY/2018) :- 3 -: 7. IN THE RESULT, THE MISCELLANEOUS PETITION FILED B Y THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED ON THE 05 TH DAY OF JULY, 2019 IN CHENNAI. SD/- SD/- ( ) ( S. JAYARAMAN ) ! /ACCOUNTANT MEMBER ( ) (GEORGE MATHAN) ! /JUDICIAL MEMBER /CHENNAI, 3 /DATED: 05 TH JULY, 2019. TLN , *4' 5' /COPY TO: 1. ) /APPELLANT 4. 6 /CIT 2. *+) /RESPONDENT 5. ' * /DR 3. 6 ( ) /CIT(A) 6. /GF