M/S AMUDHA ASEPTIC FOOD PRODUCTS, KRISHNAGIRI V. ITO, WARD-1, KRISHNAGIRI

MA 90/CHNY/2023

AI Insights

The case involves M/s. Amudha Aseptic Food Products, which filed a Miscellaneous Application against an order of the Income Tax Appellate Tribunal concerning the assessment year 2016-17. The application sought rectification of what the assessee claimed was a mistake in the Tribunal's earlier decision regarding the assessment of sundry creditors and depreciation claimed on advances to Divine Agri Pvt. Ltd., Singapore. The Tribunal, however, found that the issue had been adequately addressed in the original order and that the application did not point out any specific mistake but rather sought a revision of the decision.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 135186 (ITAT-CHENNAI)
• Duration Of Justice: 3 month(s) 24 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 10-08-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 10-08-2023
• Assessment Year: 2016-2017
• Appeal Filed On: 17-04-2023
• Laws Referred To: Income Tax Act
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Rectification of order

Judgement Text

आयकर अपीलीय अिधकरण, ‘सी’ ᭠यायपीठ, चे᳖ई IN THE INCOME TAX APPELLATE TRIBUNAL ‘C’ BENCH, CHENNAI ᮰ी महावीर ᳲसह, उपा᭟यᭃ एवं ᮰ी मंजुनाथ. जी, लेखा सद᭭य के समᭃ BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENT AND SHRI MANJUNATHA.G, ACCOUNTANT MEMBER िविवध यािचका सं / M.A. No.90/CHNY/2023 (arising in I.T.A. No. 154/CHNY/2021) िनधाᭅरण वषᭅ / Assessment Year : 2016-17 M/s. Amudha Aseptic Food Products, C/o, Shri T.S. Lakshmi Venkataraman, Chartered Accountant, Door No.135/55, Rajaji Road, Salem – 636 007. PAN: AAYFA 4771G Vs. The Income Tax Officer, Ward-1, Krishnagiri (अपीलाथᱮ / Applicant) (ᮧ᭜यथᱮ/Respondent) अपीलाथᱮ कᳱ ओर से /Applicant by : Shri T.S. Lakshmi Venkatraman, CA ᮧ᭜यथᱮ कᳱ ओर से/Respondent by : Shri AR.V. Sreenivasan, Addl.CIT सुनवाई कᳱ तारीख/ Date of hearing : 11.08.2023 घोषणा कᳱ तारीख /Date of Pronouncement : 11.08.2023 आदेश /O R D E R PER MAHAVIR SINGH, VICE PRESIDENT: By way of this Miscellaneous Application, the assessee has requested for rectification of mistake apparent from record crept in 2 M.A No.90/CHNY/2023 the order of the Tribunal in ITA No. 154/CHNY/2021 dated 28.10.2022. 2. At the outset, the ld.AR for the assessee took us through the grounds raised in ITA No.154/CHNY/2021 i.e., there are six grounds but ground No.5 is not adjudicated. The ld.counsel pointed out the ground No.5, which reads as under:- “5. A reading of the assessment order shows that the AO has completed the assessment after calling for the details and examination of the same. There is complete verification of sundry creditors by the AO. The case has been taken as limited scrutiny case and both the reasons for selection of the case has been verified by the AO. The AO has applied his mind in passing the assessment order. In view of this there is no error or prejudice in the order of the AO to bring the same within the ambit of sec.263 of the Income Tax Act.” 3. When ld.AR for the assessee was pointed out that the issue regarding sundry creditor was examined by the Tribunal including the advance paid to Divine Agri Pvt. Ltd., Singapore and the consequential deprecation claimed by assessee which was excess, vide para 3 of the Tribunal order, the ld.AR could not point out how this is mistake apparent from record. We noted that in entirety the issue is dealt with. Even otherwise by going through the miscellaneous application consisting of six pages, which is argumentative and no particular mistake is pointed out by ld.AR, 3 M.A No.90/CHNY/2023 rather assessee wants revision of the order, which do need not have any power, hence, the Miscellaneous Application of the assessee is dismissed. 4. In the result, the miscellaneous application of the assessee is dismissed. Order pronounced in the open court on 11 th August, 2023 at Chennai Sd/- Sd/- (मंजुनाथ. जी) (MANJUNATHA.G) लेखा सद᭭य /ACCOUNTANT MEMBER (महावीर ᳲसह ) (MAHAVIR SINGH) उपा᭟यᭃ /VICE PRESIDENT चे᳖ई/Chennai, ᳰदनांक/Dated, the 11 th August, 2023 RSR आदेश कᳱ ᮧितिलिप अᮕेिषत/Copy to: 1. अपीलाथᱮ/Applicant 2. ᮧ᭜यथᱮ/Respondent 3. आयकर आयुᲦ /CIT 4. िवभागीय ᮧितिनिध/DR 5. गाडᭅ फाईल/GF.