M/s Laxmi Automobiles Agencies, Kanpur V. Income Tax Officer-1(2), Kanpur

MA 86/LKW/2016

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6260 (ITAT-LUCKNOW)
• Duration Of Justice: 1 year(s) 3 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 05-02-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 19-10-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Retrospective amendment; Condonation of delay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH A , LUCKNOW BEFORE SHRI. T.S. KAPOOR, ACCOUNTANT MEMBER AND SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER M. A NO. 86/LKW/2016 [ARISING OUT OF ITA NO.819/LKW/2014] ASSESSMENT YEAR: 2010 - 11 M/S LAXMI AUTOMOBILES AGENCIES 16/103, THE MALL KANPUR V. INCOME TAX OFFICER 1(2) KANPUR T AN /PAN : AABFL6839P (APP LIC ANT) (RESPONDENT) APP LIC ANT BY: SHRI RAKESH GARG, ADVOCATE RESPONDENT BY: SHRI AMIT NIGAM, D.R. DATE OF HEARING: 02 02 201 8 DATE OF PRONOUNC EMENT: 05 0 2 201 8 O R D E R PER P ARTHA SARATHI CHAUDHURY, J.M : THIS MISCELLANEOUS APPLICATION PREFERRED BY THE ASSESSEE EMANATES FROM THE ORDER OF THE TRIBUNAL DATED 18/12/2015 IN ITA NO.819/LKW/2014. 2 . IN THIS CASE, THE ORDER OF THE TRIBUNAL IS DATED 18 /12/2015 AND THE MISCELLANEOUS APPLICATION UNDER SECTION 254(2) OF THE ACT HAS BEEN FILED BY THE ASSESSEE ON 19/10/2016 , THEREFORE, SHOW CAUSE NOTICE /DEFECT MEMO DATED 4/11/2016 WAS ISSUED TO THE ASSESSEE FOR FILING APPLICATION FOR CONDONATION OF DELAY . 3 . T HE LD. A.R. OF THE ASSESSEE SUBMITTED THAT IN VIEW OF THE AMENDMENT IN SECTION 254(2) OF THE ACT W.E.F 1/6/2016 , WHICH WAS CONSIDERED BY THE HON'BLE M.P. HIGH COURT IN THE CASE OF DISTRICT CENTRAL M.A NO.86/LKW/2016 PAGE 2 OF 3 CO - OP. BANK LTD., RAISEN VS. UNION OF INDIA IN WRIT PETITI ON NO.4144/2017, WHEREIN THE DECISION OF THE HON'BLE APEX COURT IN THE CAS E OF M.P. STEEL CORPORATION VS. COMMISSIONER OF CENTRAL EXCISE REPORTED IN [2015] 7 SCC 58 WAS ALSO CONSIDERED , WHERE THE ISSUE RELATING TO AMENDMENT IN RESPECT OF LIMITATION WAS TAK EN INTO ACCOUNT THE APPLICAB I LITY OF SUCH STATUTES WITH RETROSPECTIVE EFFECT , THE MISCELLANEOUS APPLICATION OF THE ASSESSEE IS NOT TIME BARRED AND IS LIABLE TO BE ADMITTED . 4 . IN THE JUDGMENT OF THE HON'BLE M.P. HIGH COURT IN THE CASE OF DISTRICT CENTRAL CO - OP. BANK LTD., RAISEN VS. UNION OF INDIA (SUPRA) WHEREIN REFERENCE WAS MADE TO THE JUDGMENT OF THE HON'BLE APEX COURT IN THE CASE OF M.P . STEEL CORPORATION VS. COMMISSIONER OF CENTRAL EXCISE (SUPRA), IT WAS HELD T HAT NEW LAW OF LIMITATION PROVIDING A SHOR T TERM PERIOD CANNOT CERTAIN LY DISTINGUISH A VESTED RIGHT OF ACTION. IN VIEW OF THIS JUDICIAL DECISION, WE PROCEED TO HEAR THIS MISCELLANEOUS APPLICATION. 5 . IN THE MISCELLANEOUS APPLICATION , IT WAS STATED THAT THE TRIBUNAL HAS NOT CONSIDERED THE ARGUMENTS O F THE ASSESSEE WHILE PASSING THE ORDER AND, THEREFORE, THE SAME MAY BE RECALLED. 6 . WE HAVE PERUSED THE MISCELLANEOUS APPLICATION AND CORRESPONDING ITAT ORDER AND WE FIND THAT IT IS A SPEAKING ORDER AND THERE IS A CLEAR NARRATION OF FACTS, CLEAR NARRATION AS TO THE ACTION TAKEN BY THE ASSESSING OFFICER AND ALSO FOLLOW - UP ACTION OF THE LD. CIT(A). THE ENTIRE ORDER BRINGS OUT THE REASONING UNDER WHICH FINIAL DECISION WAS ARRIVED AT AND IN PARA 3 OF THE ORDER , IT IS CLEARLY WRIT TEN THAT FROM PERUSAL OF RECORD WHICH ALSO INCLUDES THE SUBMISSION S OF THE ASSESSEE. NONETHELESS, FOR ACADEMIC PURPOSE , WE OBSERV E THAT THE BASIC FACT THAT RECORDS WERE PERUSED AND WHAT IS WRITTEN IN THE ORDER OF THE TRIBUNAL PER SAY DEMONSTRATES THAT ALL THE SUBMISSIONS OF THE ASSESSEE AND M.A NO.86/LKW/2016 PAGE 3 OF 3 ORDER S OF THE SUBORDINATE AUTHORITIES WERE CONSIDERED BY THE ITAT BEFORE PASSING THE ORDER. WE , THEREFORE, DO NOT FIND ANY MISTAKE APPARENT ON RECORD. 7 . IN THE RESULT, MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 05 / 0 2 / 201 8 . SD/ - SD/ - [ T.S. KAPOOR ] [PARTHA SARATHI CHAUDHURY ] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 5 TH FEBR UARY , 201 8 JJ: 0202 COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT(A) 4 . CIT 5 . DR