TULSHYAN METALS PRIVATE LIMITED,PATNA V. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, PATNA, FOURTH FLOOR, J.P. BHAVAN, DAKBUNGLOW CHAURAHA, PATNA

MA 16/PAT/2024

AI Insights

The case involves Tulshyan Metals Private Limited, which filed Miscellaneous Applications seeking rectification of orders dated 27.11.2024 by the Income Tax Appellate Tribunal (ITAT) for the Assessment Years 2014-15 and 2015-16. The applications pointed out apparent mistakes in the ITAT's orders, particularly concerning the issuance date of notices under section 148 of the Income Tax Act, 1961. The assessee argued that the notices were issued beyond the statutory limitation, and there were errors in the factual matrix considered by the ITAT. The tribunal, upon reviewing the submissions and the relevant CIT(A)'s order, acknowledged the mistakes and decided to recall the previous orders, scheduling a new hearing.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 37407 (ITAT-PATNA)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 10-03-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2015-2016
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Rectification of order
• Section: 148; 254(2)

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL “PATNA” BENCH PATNA (VIRTUAL HEARING AT KOLKTA) SHRI DUVVURU RL REDDY, VICE PRESIDENT SHRI SANJAY AWASTHI, ACCOUNTANT MEMBER MA No. 15/Pat/2024 (Arising out of ITA No. 339/Pat/2024) (Assessment Year 2014-15) & MA No. 16/Pat/2024 (Arising out of ITA No. 340/Pat/2024) (Assessment Year 2015-16) Tulshyan Metals Private Limited, 3D, Shakambari Complex, Sabji Bazar Chowk, Nagla (Bihar) - 800008 [PAN: AACCT2904K] ..….............................. Appellant vs. Assistant Commissioner of Income Tax, Central 1, Patna, Fourth Flooe, Loknayak Jay Prakash Bawan, Dakbunglow Chauraha, Patna - 800001 ..…............................... Respondent Appearances by: Assessee represented by : Sandeep Goel, Advocate Department represented by : Ashwani Kr. Singal, JCIT Date of concluding the hearing : 07.03.2025 Date of pronouncing the order : 10.03.2025 O R D E R PER SANJAY AWASTHI, ACCOUNTANT MEMBER: 1. The present Miscellaneous Applications have been filed by the assessee for rectification of order, dated 27.11.2024, passed by the Tribunal in ITA Nos. 339 & 340/Pat/2024, pertaining to the Assessment Years 2014-15 and 2015-16. 2 MA Nos. 15 & 16/Pat/2024 Tulshyan Metals Private Limited 1.1 In these cases, the orders were passed by the ITAT in both these cases through a single order dated 27.11.2024. The assessee has pointed out several mistakes apparent from record, u/s 254(2) of the Income Tax Act, 1961 (hereafter “the Act”). The same may be briefly summarized in MA No. 15/Pat/2024 pertaining to ITA No. 339/Pat/2024) as under: (i) The limitation of issue of notice u/s 148 of the Act was decided in favour of the assessee by the Ld. CIT(A), but not challenged by the Revenue. Hence the issue became final at First Appeal stage. (ii) Return of income was filed in response to notice u/s 148 of the Act before assessment being completed on 12.03.2022. (iii) Denial of opportunity to clarify the actual position at the level of ITAT itself. 1.2 The main points for consideration in MA No. 16/Pat/2024 pertaining to ITA No. 340/Pat/2024 are as under: (i) Return was actually filed in response to the notice u/s 148 of the Act, before completion of assessment on 12.03.2022. (ii) Non-consideration of material evidence on record showing that notices u/s 148 of the Act was dispatched beyond statutory limitation date of 31.03.2021. (iii) Denial of opportunity for arguing on various issues in the appeal in the light of binding Hon’ble Supreme Court/High Court decisions. 2. The Ld. AR brought to our notice that the date of issue of notice in the two cases was 16.04.2021 and this fact was duly brought out in impugned order. This issue is now clarified by the Ld. AR and the relevant portion of the Ld. CIT(A)’s order has been perused also. 3 MA Nos. 15 & 16/Pat/2024 Tulshyan Metals Private Limited Since, this fact was not in the notice of the Bench at the time of hearing in the said appeals an error of fact has crept in the two orders as there is a finding in the order of Ld. CIT(A) that emails were actually sent on 16.04.2021, even though the notices were signed on 30.03.2021. Accordingly, the two MA’s are allowed and the ITAT orders in question are being recalled and fixed for hearing on11.03.2025. 3. In the result, these Miscellaneous Applications filed by the assessee are allowed. Order pronounced on 10.03.2025 Sd/- Sd/- (Duvvuru RL Reddy) (Sanjay Awasthi) Vice President Accountant Member Dated: 10.03.2025 AK, P.S. Copy of the order forwarded to: 1. Tulshyan Metals Private Limited 2. Assistant Commissioner of Income Tax, Central 1, Patna 3. CIT(A)- 4. CIT- 5. CIT(DR) //True copy// By order Assistant Registrar, Kolkata Benches "