ACIT, CHENNAI V. K.Surendra Kumar, CHENNAI

MA 97/CHNY/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4775 (ITAT-CHENNAI)
• Duration Of Justice: 4 month(s) 26 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 05-08-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2006-2007
• Appeal Filed On: 10-03-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A V SREEKANTH IRS
• Assessee Lawyers: S SRIDHAR
• Keywords: Rectification of order

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : CHENNAI BEFORE SHRI ABRAHAM P. GEORGE, ACCOUNTANT MEMBER AND SHRI G. PAVAN KUMAR, JUDICIAL MEMBER M. A .NO. 97 / MDS/2016 ./ I.T.A. NO.1324/MDS/2010 ! / ASSESSMENT YEARS:-2006-07 THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE III(1) CHENNAI. VS. SHRI. K. SURENDRA KUMAR, P/O. M/S. SRINIVASA FOUNDATION, NO.7, VIDYODAYA FIRST CROSS ST, T. NAGAR, CHENNAI 600 017. (PAN AAIPK 7061R) ( PETITIONER ) (RESPONDENT) PETITIONER BY : SHRI. A.V. SREEKANTH, IRS, JCIT. RESPONDENT BY : SHRI. S. SRIDHAR, ADVOCATE. ' # $ %&' / DATE OF HEARING : 05-08-2016 ()! $ %&' / DATE OF PRONOUNCEMENT : 05-08-2016 / O R D E R PER G. PAVAN KUMAR, JUDICIAL MEMBER THIS MISCELLANEOUS APPLICATION FILED BY THE DEPA RTMENT IS DIRECTED AGAINST THE ORDER OF THE TRIBUNAL IN ITA N O.1324/MDS/2010, DATED 12.08.2011 FOR THE ASSESSMENT YEAR 2006-07 FI LED ON 10.03.2016. M.A.NO.97/M DS/2016 IN ITA NO.1324/MDS/2010 :- 2 -: 2. AT THE TIME OF HEARING, THE LD. DEPARTMENTAL RE PRESENTATIVE REQUESTED FOR RECTIFICATION OF MISTAKE WHICH IS AP PARENT FROM RECORD IN PARA 6 OF THE ITAT ORDER. 3. THE LD. AUTHORISED REPRESENTATIVE SUBMITTED THA T THE MISCELLANEOUS APPLICATION FILED IS AFTER LIMITAT ION PERIOD OF FOUR YEARS AND PRAYED FOR DISMISSAL. 4. WE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE M ATERIAL ON RECORD. THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE ON 10.03.2016 IS BEYOND FOUR YEARS AND THE LD. AUTHORI SED REPRESENTATIVE VEHEMENTLY OPPOSED THE APPLICATION. WE PERUSED THE PROVISIONS OF SEC. 254(2) OF THE ACT WERE THE APPELLATE TRIBUNAL MAY AT ANY TIME WITHIN FOUR YEARS FROM THE DATE OF THE ORDER MAY RE CTIFY ANY MISTAKE APPARENT FROM RECORDS. IN THE PRESENT CASE, THE DA TE OF ITAT ORDER BEING 12.08.2011, WHEREAS THE REVENUE FILED MISCELL ANEOUS APPLICATION ON 10.03.2016 WHICH IS VERY MUCH BEYOND THE LIMITAT ION PERIOD OF FOUR YEARS. WE SUPPORT OUR VIEW RELYING ON THE SPECIAL BENCH DECISION OF TRIBUNAL IN THE CASE OF ARVINDBHAI H. SHAH VS. ACIT (2004) 91 ITD 0101(SB ) WHEREIN IT WAS HELD THAT TIME LIMIT OF FOUR YEARS TO MAKE RECTIFICATION UNDER SEC. 254(2) APPLIES BOTH TO SUO MOTU ACTION OF THE TRIBUNAL AS WELL AS TO ACTION TAKEN ON REQUEST OF T HE PARTIES. M.A.NO.97/M DS/2016 IN ITA NO.1324/MDS/2010 :- 3 -: CONSIDERING THE APPARENT FACTS AND THE LEGAL PROVIS IONS THE REVENUE HAS FILED APPLICATION AFTER TIME LIMIT OF FOUR YEAR S AND THE SAME IS DISMISSED. 4. IN THE RESULT, THE MISCELLANEOUS PETITIONS FILE D BY THE DEPARTMENT IS DISMISSED. ORDER PRONOUNCED ON FRIDAY, THE 5TH AUGUST, 201 6 AT CHENNAI. SD/- SD/- (ABRAHAM P. GEORGE) / ACCOUNTANT MEMBER (G. PAVAN KUMAR) / JUDICIAL MEMBER DATED: 05.08.2016 KV COPY TO: PETITIONER/RESPONDENT/CIT(A)/CIT/DR