Manish Chugh, Kolkata V. ACIT, CIR-28, KOLKATA, Kolkata

MA 9/KOL/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2626 (ITAT-KOLKATA)
• Duration Of Justice: 9 month(s) 2 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 19-12-2014
• Appeal Filed By: Assessee
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 17-03-2014
• Court: TRIBUNAL
• Keywords: Principle of natural justice; Deemed dividend
• Section: 10

Judgement Text

MA NO S . 09 & 10 /KOL/14 A - JM SHRI MANISH CHUGH 1 , A IN THE INCOME TAX APPELLATE TRIBUNAL, A BENCH: KOLKATA ( ) , , [ BEFORE HON BLE SRI MAHAVIR SINGH, JM & HON BLE SRI SHAMIM YA HYA, AM ] MISC. APPLICATION NOS. 09 & 10 /KOL/201 4 [ ARISING OUT OF ITA NO . 1768/KOL/2012 & CO NO.159/KOL/2012 A.Y 2009 - 2010] SHRI MANISH CHUGH VS. A.C.I.T, CIRCLE - 2 8 , KOLKATA PAN: ACTPC 7069E [ APPLICANT ] [RESPONDENT] FOR THE APPLICANT : SHRI K.M ROY, FCA, LD.AR FOR THE RESPONDENT : SHRI K ANHIYA LAL KONAK, JCIT/ LD. SR.DR / DATE OF HEARING : 1 9 - 12 - 2014 / DATE OF PRONOUNCEMENT: 19 - 12 - 2014 / ORDER , SHRI MAHAVIR SINGH, JUDICIAL MEMBER: BY WAY OF THESE MISCELLANEOUS APPLICATIONS THE ASSESSEE HAS RAISED THE FOLLOWING ISSUE, WHICH THE TRIBUNAL VIDE ITS ORDER DATED 19 - 02 - 2014 PASSED IN ITA NO.1768/KOL/2012 & CO NO.159/KOL/2012 FOR THE ASSESSMENT YEAR 2009 - 10 HAS NOT CONSIDERED : - 1. NON CONSIDERATION OF WRITTEN SUBMISSION: - IN COURSE OF ARGUMENTS REGARDING GROUND NO.2 OF CROSS OBJECTION AND REVENUE S GROUND NO.2, THE A/R DULY SUBMITTED A CALCULATION OF ACCUMULATED PROFIT OF SPOT A D MEDIA PVT. LTD (COPY ENCLOSED ) . THIS SUBMISSION IS VERY VITAL AND GOES TO THE ROOT OF THE MATTER REGARDING APPLICAT ION OF DEEMED DIVIDEND. UNFORTUNATELY, IT SEEMS THAT THE SUBMISSION HAS MISSED THE ATTENTION OF YOUR HONOR WHILE ADJUDICATING THE MA NO S . 09 & 10 /KOL/14 A - JM SHRI MANISH CHUGH 2 ISSUE IN PARA 7 OF THE ORDER . NON CONSIDERATION OF MATERIALS ON RECORD IS AN APPARENT ERROR AND MERITS RECALLING OF THE ORDER IT IS PRAYED THAT THE SUBMISSION MAY BE CONSIDERED FOR THE SAKE OF NATURAL JUSTICE. 2. AFTER HEARING BOTH THE SIDES, WE FIND THAT THE REVENUE S GROUND NO.2 AND ASSESSEE S CROSS OBJECTION S GROUND NO.2 HAS BEEN DEALT WITH AND GAVE A FINDING QUO THE IS SUE. WHEN ASKED THE LD. COUNSEL FOR THE ASSESSEE SPECIFICALLY HE COULD NOT POINT OUT ANY MISTAKE APPARENT FROM RECORDS IN THE SAID ORDER OF THE TRIBUNAL. TIME AND AGAIN WHEN HE WAS ASKED BY THE BENCH, HE COULD NOT ANSWER . AS THERE IS NO MISTAKE APPARENT F ROM RECORD IN THE SAID ORDER OF THE TRIBUNAL THE ASSESSEE MERELY WANTS TO REVIEW THE SAID ORDER OF THE TRIBUNAL PASSED IN ITA NO.1768/KOL/2012 & CO NO.159/KOL/2012 FOR THE ASSESSMENT YEAR 2009 - 10. HENCE, THIS ISSUE OF ASSESSEE S MISCELLANEOUS APPLICATION S IS DISMISSED. 3. NEXT ISSUE IN THESE MISCELLANEOUS APPLICATIONS IS GROUND NO.3 OF ASSESSEE S CROSS OBJECTION HAS NOT BEEN ADJUDICATED BY THE TRIBUNAL WHILE PASSING THE SAID ORDER. WE HAVE GONE THROUGH THE ORDER AND FIND GROUND NO. 3 OF ASSESSEE S CROSS O BJECTION REGARDING NOT REDUCING THE INTEREST CHARGED TO R S. 7,07,966/ - HAS NOT BEEN ADJUDICATED BY THE TRIBUNAL. HENCE, T HE SAME MAY BE RECALLED. 4. IN TERM OF THE ABOVE, WE FEEL LET GROUND NO. 3 OF ASSESSEE S CROSS OBJECTION IS RECALLED FOR ADJUDICATING THE SAME AFRESH. ACCORDINGLY, THIS ISSUE OF ASSESSEE S CROSS OBJECTION IS RECALLED. 5. IN THE RESULT, THE MISCELLANEOUS APPLICATIONS FILED BY THE ASSESSEE ARE PARTLY ALLOWED. ORDER PRONOUNCED IN THE OPEN COU RT ON 19 - 12 - 2014 SD/ - SD/ - [ , ] [ , ] SHAMIM YAHYA, ACCOUNTANT MEMBER MAHAVIR SINGH, JUDICIAL MEMBER ( ) DATED : 19/12 /2014 MA NO S . 09 & 10 /KOL/14 A - JM SHRI MANISH CHUGH 3 **PRADIP SPS COPY OF THE ORDER FORWARDED TO : 1 . APPLICANT: SHRI MANISH CHUGH 470A, BLOCK - K, NEW ALIPORE,KOL - 53. 2 . RESPONDENT: THE A CIT, C IR - 2 8 ,KOL 3 . THE CIT(A) KOL. 4. THE CIT KOL. 5. DR,ITAT, KOL TRUE COPY BY ORDER ASSISTANT RE GISTRAR,ITAT,KOL