The ACIT, Central Circle-2, Visakhapatnam V. M/s Gayatri Vidya Parishad, Visakhapatnam

MA 95/VIZ/2010

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6239 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 6 month(s) 28 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 01-03-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 24-12-2010
• Assessment Year: misc
• Appeal Filed On: 04-08-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: TH L PETER
• Keywords: Document seized; Documents seized

Judgement Text

MA 95/V/10GAYATRI VIDYA PARISHAD, VSKP PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE: SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI BR BASKARAN, ACCOUNTANT MEMBER M. A . NO. 95 / VIZAG/20 10 (ARISING OUT OF IT(SS)A NOS.21 & 23/VIZ/2004) B LOCK ASSESSMENT PERIOD FROM 1.4.1990 TO 29.11.2000 A CIT , CIRCLE - 2 VISAKHAPATNAM VS. M/S. GAYATRI VIDYA PARISHAD VISAKHAPATNAM (APPELLANT) (RESPONDENT) PAN NO.AAAG 0434F APPELLANT BY: SHRI TH.L. PETER, CIT(DR) RESPONDENT BY: SHRI G.V.N. HARI, CA ORDER PER SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER : THIS MISCELLANEOUS APPLICATION IS PREFERRED AGAINS T THE ORDER OF THE TRIBUNAL DATED 5.3.2010 WITH THE SUBMISSION THAT AN ERROR HAS CREPT IN THE ORDER OF THE TRIBUNAL. THEREFORE, NECESSARY RECTIF ICATION IS CALLED FOR. THE LD. D.R. DURING THE COURSE OF HEARING INVITED OUR ATTEN TION THAT THE TRIBUNAL HAS WRONGLY ALLOWED A SET OFF OF RS.19,43,500/- AGAINST THE UNDISCLOSED DONATION OF RS.25 LAKHS. THEREFORE, AN ERROR HAS CREPT IN T HE ORDER OF THE TRIBUNAL. 2. THE LD. COUNSEL FOR THE ASSESSEE ON THE OTHER HA ND HAS SUBMITTED THAT THE TRIBUNAL HAS EXAMINED THE SEIZED DOCUMENTS AND HAS AGREED WITH THE FINDING OF CIT(A) THAT ALL ENTRIES IN THE SEIZED DO CUMENTS SHOULD BE CONSIDERED WHILE COMPUTING THE UNDISCLOSED INCOME. THEREFORE, THE TRIBUNAL HAS RIGHTLY GIVEN A CREDIT OF EXPENSES SHOWN IN THE SEIZED DOCUMENT. SINCE THERE IS NO ERROR APPARENT IN THE ORDER OF THE TRIB UNAL, NO RECTIFICATION IS CALLED FOR. MOREOVER, THE REVENUE IS TRYING TO GET THE ORDER REVIEWED UNDER THE GARB OF RECTIFICATION WHICH IS NOT PERMISSIBLE UNDER THE LAW. MA 95/V/10GAYATRI VIDYA PARISHAD, VSKP PAGE 2 OF 2 3. WE HAVE HEARD THE RIVAL SUBMISSIONS AND CAREFULL Y PERUSED THE ORDER OF THE TRIBUNAL VIS--VIS THE MISCELLANEOUS APPLICA TION. IN THE MISCELLANEOUS APPLICATION, THE REVENUE HAS REPRODUCED THE FACTS O F THE CASE AND THE ORDER OF THE TRIBUNAL. HE DID NOT SPELL OUT THE ACTUAL M ISTAKE ACCORDING TO HIM CREPT IN THE ORDER OF THE TRIBUNAL. HE SIMPLY SAID THAT NO SET OFF TO THE TUNE OF RS.19,43,500/- SHOULD HAVE BEEN GIVEN AGAINST TH E UNDISCLOSED DONATIONS. SINCE NO SPECIFIC ERROR HAS BEEN POINTED OUT IN THE ORDER OF THE TRIBUNAL, WE FIND NO MERIT IN THE MISCELLANEOUS APPLICATION. TH E REQUEST OF THE REVENUE AMOUNTS TO REVIEW OF THE ORDER WHICH IS NOT PERMISS IBLE U/S 254(2) OF THE ACT. THEREFORE, WE DISMISS THE MISCELLANEOUS APPLICATION OF THE REVENUE. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION OF THE REVENUE IS DISMISSED. PRONOUNCED ACCORDINGLY ON 1.3.2011. SD/ - SD/ - (B R BASKARAN) (SUNIL KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER VG/SPS VISAKHAPATNAM, DATED: 1 ST MARCH, 2011 COPY TO 1 ACIT, CENTRAL CIRCLE - 2, VISAKHAPATNAM 2 GAYATRI VIDYA PARISHAD, D.NO.1 - 83 - 21/3, SECTOR - 8, MVP COLONY, VISAKHAPATNAM 3 CIT , CENTRAL, HYDERABAD 4 CIT(A) - 1, VISAKHAPATNAM 4 THE DR, ITAT, VISAKHAPATN AM. 5 GUARD FILE. BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM