Aban Offshore Ltd., CHENNAI V. ACIT, CHENNAI

MA 97/CHNY/2015

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 3417 (ITAT-CHENNAI)
• Duration Of Justice: 1 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 11-09-2015
• Appeal Filed By: Assessee
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 22-07-2015
• Court: TRIBUNAL
• Department Lawyers: M N MAURYA

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : CHENNAI . . . , . ! , ' # $ [ BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ] M.P.NO.97/MDS/2015 [IN I.T.A.NO.90/MDS/2012] ASSESSMENT YEAR : 2007-08 M/S ABAN OFFSHORE LTD JANPRIYA CREST NO.113/96, PANTHEON ROAD EGMORE, CHENNAI 600 008 VS. THE ADDL. COMMISSIONER OF INCOME-TAX COMPANY RANGE I CHENNAI [PAN AAACA 3012 H] ( PETITIONER ) ( ,-./ /RESPONDENT) PETITIONER BY : SHRI SAROJ KUMAR PARIDA, ADVOCATE RESPONDENT BY : SHRI M.N. MAURYA, CIT / DATE OF HEARING : 11 - 09 - 2015 / DATE OF PRONOUNCEMENT : 11 - 09 - 2015 / O R D E R PER N.R.S.GANESAN, JUDICIAL MEMBER THE ASSESSEE FILED THE PRESENT MISCELLANEOUS PET ITION ON THE GROUND THAT THERE IS AN ERROR IN THE ORDER OF THIS TRIBUNAL DATED 26.6.2015. 2. SHRI SAROJ KUMAR PARIDA, LD. COUNSEL FOR THE ASSESS EE SUBMITTED THAT THIS TRIBUNAL, IN RESPECT OF DISALLO WANCE MADE U/S 40(A)(I) OF THE ACT TOWARDS PAYMENT MADE TO NON-RES IDENTS, FOUND THAT MP NO.97/15 :- 2 -: THE ORDER OF THE CIT(A) WAS FAIR AND REASONABLE. A CCORDINGLY, THE GROUND RAISED BY THE REVENUE WAS REJECTED. HOWEV ER, IN THE ORDER IT WAS MENTIONED THAT THE GROUND OF APPEAL RAISED BY T HE ASSESSEE WAS DISMISSED. IN FACT, IT IS A DEPARTMENTS APPEAL, T HEREFORE, IT HAS TO BE STATED THAT GROUND RAISED BY THE REVENUE IS DISMISS ED. 3. WE HEARD SHRI M.N.MAURYA, LD. DEPARTMENTAL REPRESENTATIVE. HE VERY FAIRLY CONCEDED THAT IT IS A DEPARTMENTAL APPEAL, THEREFORE, IF THE TRIBUNAL FINDS THAT THE ORDER OF THE CIT(A) IS FAIR AND REASONABLE, THE GROUND OF APPEAL RAISED BY THE REVENUE HAS TO BE REJECTED. THEREFORE, THE WORD ASSESSEE HAS TO BE SUBSTITUTED BY REVENUE. 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS ON EITHER SIDE AND ALSO PERUSED THE ORDER OF THIS TRIBUNAL DATED 26.6. 2015. THE ISSUE RELATED TO DISALLOWANCE U/S 40(A)(I) WAS DISCUSSED BY THIS TRIBUNAL AT PAGES 12 & 13 IN PARAS 18, 19 & 20 OF ITS ORDER. A T PARA 20, MORE PARTICULARLY, PAGE 13 SECOND LINE FROM TOP, THE TRI BUNAL HAS STATED AS FOLLOWS: ACCORDINGLY, WE DISMISS THE GROUND OF APPEAL RAISE D BY THE ASSESSEE. 5. AS RIGHTLY SUBMITTED BY THE LD. COUNSEL FOR THE AS SESSEE AND THE LD. DR, IT IS A DEPARTMENTAL APPEAL, THEREFORE, THE WORDS SHOULD BE MP NO.97/15 :- 3 -: BY THE REVENUE INSTEAD OF BY THE ASSESSEE. TO THAT EXTENT, THIS TRIBUNAL FINDS THAT THERE IS AN ERROR WHICH NEEDS T O BE RECTIFIED U/S 254(2) OF THE ACT. ACCORDINGLY, THE ORDER OF THIS TRIBUNAL DATED 26.6.2015 IS RECTIFIED AS UNDER: AT PAGE 13, SECOND LINE FROM TOP, THE FOLLOWING SHA LL BE DELETED: ACCORDINGLY, WE DISMISS THE GROUND OF APPEAL RAISE D BY THE ASSESSEE. NOW THE FOLLOWING SHALL BE INSERTED: ACCORDINGLY, WE DISMISS THE GROUND OF APPEAL RAISE D BY THE REVENUE. 6. IT IS MADE CLEAR THAT IN RESPECT OF THE OTHER PART OF THE ORDER, IT WILL REMAIN AS SUCH WITHOUT ANY CHANGE. A CCORDINGLY, THE MISCELLANEOUS PETITION FILED BY THE ASSESSEE STAND S ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF H EARING ON 11 TH SEPTEMBER, 2015, AT CHENNAI. SD/- SD/- ( . ! ) (A. MOHAN ALANKAMONY) ' / ACCOUNTANT MEMBER ( . . . ) ) (N.R.S. GANESAN) / JUDICIAL MEMBER / CHENNAI / DATED: 11 TH SEPTEMBER, 2015 RD !' / COPY TO: 1 . PETITIONER 3. # # $ (! &) / CIT(A) 5. '(&# )* / DR 2. +#,- / RESPONDENT 4. # # $ / CIT 6. (./ 0 / GF