ITO, Ludhiana V. M/s Vishwakarma Ispat Ltd., Ludhiana

MA 91/CHANDI/2016

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6728 (ITAT-CHANDIGARH)
• Duration Of Justice: 2 year(s) 1 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-06-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2002-2003
• Appeal Filed On: 18-05-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: K S BAINS
• Keywords: Period of limitation; Time period of passing order

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH, CHANDIGARH BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER AND MS. ANNAPURNA GUPTA, ACCOUNTANT MEMBER MA NOS.91 & 92/CHD/2016 (IN ITA NOS. 364 & 365/CHD/2014) ( ASSESSMENT YEARS: 2002-03 & 2003-04) THE INCOME TAX OFFICER, VS M/S VISHWAKARMA ISPAT LTD., WARD-4(3), (NOW NAVDEEP ISPAT P. LTD.) LUDHIANA. VILLAGE KANGANWAL, LUDHIANA. PAN : AAAFV7579F (APPLICANT) (RESPONDENT) APPLICANT BY : NONE RESPONDENT BY : SHRI K.S. BAINS, SR.DR DATE OF HEARING : 20.04.2018 DATE OF PRONOUNCEMENT : 18 .06.2018 ORDER PER SANJAY GARG, JUDICIAL MEMBER : THE PRESENT MISCELLANEOUS APPLICATIONS HAVE BEEN MOVED BY THE DEPARTMENT PLEADING THEREIN THAT A MIS TAKE APPARENT ON RECORD HAS OCCURRED IN THE CONSOLIDATED ORDER OF THE TRIBUNAL DATED 1.12.2015, PASSED IN ITA NOS. 364 & 365/CHD/2014 RELATING TO ASSESSMENT YEARS 2002-03 A ND 2003-04 RESPECTIVELY. IT HAS BEEN PLEADED IN THE APPLICATION THAT THE TRIBUNAL HAS ERRONEOUSLY DELET ED THE ADDITION MADE BY THE ASSESSING OFFICER ON ACCOUNT O F EXCESS CONSUMPTION OF INGOTS (RAW MATERIAL). IT HAS BEEN FURTHER PLEADED THAT THE LD.CIT(APPEALS) WHILE DEAL ING WITH THE ISSUE HAD GIVEN A DETAILED FINDINGS TO HOL D THAT THE ASSESSEE HAD MANIPULATED THE ACCOUNTS TO SUIT H IS CONVENIENCE. HE, THEREFORE, HAD CONFIRMED THE ADDIT ION MADE BY THE ASSESSING OFFICER. HOWEVER, THE TRIBUNA L HAS 2 ERRONEOUSLY ACCEPTED THE CONTENTION OF THE ASSESSEE COMPANY AND DELETED THE ADDITIONS. 2. WE HAVE HEARD THE RIVAL CONTENTIONS. IN THE APPLICATIONS THE REVENUE HAS NOT POINTED OUT ANY MI STAKE APPARENT FROM RECORD. THE REVENUE THROUGH THESE APPLICATIONS WANTS TO RE-AGITATE THE MATTER/ISSUE. WE FIND THAT THE TRIBUNAL HAS DISCUSSED THE ISSUE AT LENGTH IN THE IMPUGNED ORDER. THE ENTIRE ISSUE HAS BEEN DISCUSSED BY THE TRIBUNAL FROM PARA 5 TO 12 OF THE ORDER I.E. FR OM PAGE 2 TO 13 OF THE ORDER, WHEREIN THE TRIBUNAL HAS DISC USSED EACH AND EVERY ARGUMENT OF THE ASSESSEE AS WELL AS OF THE REVENUE AND HAS FINALLY DECIDED THE ISSUE IN FAVOUR OF THE ASSESSEE AND ACCORDINGLY DELETED THE ADDITION MADE BY THE ASSESSING OFFICER ON THIS ISSUE. IF THE REVENUE IS AGGRIEVED BY THE ABOVE ORDER OF THE TRIBUNAL, PROPE R COURSE FOR THE REVENUE IS TO APPROACH THE APPELLATE AUTHORITY, IF IT IS SO ADVISED, AND SUBJECT TO AVAI LABILITY OF LIMITATION PERIOD, PRESCRIBED FOR THE SAME. HOWEVER , SO FAR THE PRESENT MISCELLANEOUS APPLICATIONS ARE CONCERNE D, WE DO NOT FIND ANY MISTAKE APPARENT ON RECORD AND THE SAME ARE ACCORDINGLY, DISMISSED. 3. IN THE RESULT, BOTH THE MISCELLANEOUS APPLICATIONS FILED BY THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 18.06.2018. SD/- SD/- (ANNAPURNA GUPTA) (SANJAY GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER 3 DATED 18 TH JUNE, 2018 *RATI* COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR ASSISTANT REGISTRAR, ITAT, CHANDIGARH