Appeal details
Counselvise Citation
[2020] 110 COUNSELVISE.COM (IT) 3723 (ITAT-BANGALORE)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
1 month(s) 30 day(s)
Appellant
Respondent
Appeal Type
Miscellaneous Application
Pronouncement Date
09-11-2020
Appeal Filed By
Assessee
Order Result
Dismissed
Bench Allotted
A
Next Hearing Date
-
Assessment Year
misc
Appeal Filed On
10-09-2020
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, BANGALORE BEFORE SHRI. N. V. VASUDEVAN, VICE PRESIENT AND SHRI A. K. GARODIA, ACCOUNTANT MEMBER [ M P NO. 1 26 /B ANG /20 20 (IN IT(SS)A NO.7/BANG/2011)] ( BLOCK PERIOD FROM 01.04.1987 TO21.01.1997 ) M/S. THE COMMERCIAL CORPORATION OF INDIA LTD. , MANIPAL 576 104. APPLICANT VS. THE DC IT, CIRCLE - 1, UDUPI . RESPONDENT APPLICANT BY : SHRI. PARTHASARATHI, ADVOCATE REVENUE BY : SHRI. KANNAN, ADDITIONAL CIT DATE OF HEARING : 0 6 / 1 1 /20 20 DATE OF PRONOUNCEMENT : 09 / 1 1 /20 20 O R D E R PER A. K. GARODIA, ACCOUNTANT MEMBER: THIS MISCELLANEOUS PETITION (MP) IS FILED BY THE ASSESSEE IN WHICH IT IS CONTENDED THAT IN PARA 15 OF THE IMPUGNED TRIBUNAL ORDER, IT IS OBSERVED BY THE TRIBUNAL THAT NO ARGUMENT WAS ADVANCED BY LEARNED AR OF THE ASSESSEE ABOUT ANY OTHER GROUND EXCEPT GROUND NOS.3 TO 7 AND 20. IT IS FURTHER CONTENDED IN THE MP THAT IN PARA 4 OF THE TRIBUNAL ORDER, THE TRIBUNAL HAS CONSIDERED THE ARGUMENTS OF THE ASSESSEE AND IN THESE CIRCUMSTANCES, THE OBSERVATIONS MADE IN PARA 15 ARE UNCALLED FOR AND THEREFORE, THE TRIBUNAL SHOULD HAVE CONSIDERED THE ARGUMENTS ADVANCED BY THE LEARNED AR OF THE ASSESSEE REGARDING OTHER GROUNDS ALSO AND SINCE, THIS WAS NOT DONE BY THE TRIBUNAL, IT IS AN APPARENT MISTAKE WHICH MP NO. 126/BANG/2020 (IN IT(SS)A NO.7/BANG/2011) PAGE 2 OF 5 SHOULD BE RECTIFIED UNDER SECTION 254(2) OF THE INCOME TAX ACT, 1961. AS AGAINST THIS, LEARNED DR OF THE REVENUE SUBMITTED THAT THERE IS NO APPARENT MISTAKE IN THE IMPUGNED TRIBUNAL ORDER. 2. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. WE FIND THAT IN PARA 2 OF THE IMPUGNED TRIBUNAL ORDER, IT IS OBSERVED BY THE TRIBUNAL THAT GROUND NO.1 IS GENERAL AND GROUND NO.2 IS ABOUT TIME BARRING ASPECT WHICH IS NOT PRESSED AND ACCORDINGLY, GROUND NOS.1 AND 2 ARE REJECTED AS NOT PRESSED. IN PARA 3 OF THE IMPUGNED TRIBUNAL ORDER, THE TRIBUNAL HAS NOTED THAT AS PER GROUND NOS.3 TO 7, THE GRIEVANCE OF THE ASSESSEE IS REGARDING VARIOUS ADDITIONS WHICH WERE ALL RECORDED IN THE REGULAR BOOKS OF THE ASSESSEE ON WHICH RETURNS WERE FILED REGULARLY WELL PRIOR TO THE DATE OF SEARCH AND AS A CONSEQUENCE, NONE OF THE ADDITIONS MADE IS VALID. THEREAFTER, IN PARA 4 OF THE IMPUGNED TRIBUNAL ORDER IS DISCUSSION ABOUT SALE AND LEASE BACK TRANSACTION ON WHICH DEPRECIATION WAS CLAIMED BUT DISALLOWED BY THE AO. THIS ISSUE IS RAISED BY THE ASSESSEE AS PER GROUND NOS.3 TO 7 AND THESE GROUNDS ARE ALREADY DECIDED BY THE TRIBUNAL AND THERE IS NO GRIEVANCE OF THE ASSESSEE IN MP ALSO REGARDING GROUND NOS.3 TO 7. THE GRIEVANCE OF THE ASSESSEE IS REGARDING REMAINING GROUND NOS.8 TO 19 AS PER WHICH, THE ASSESSEE IS DISPUTING ABOUT VARIOUS OTHER ADDITIONS SUCH AS CAPITAL GAINS ON SHARES IN PURSUANCE OF THE FAMILY ARRANGEMENT BETWEEN THE FAMILY OF THE MANIPAL PAI GROUP, THE ADDITION OF MP NO. 126/BANG/2020 (IN IT(SS)A NO.7/BANG/2011) PAGE 3 OF 5 RS.2,77,115/- WITH REGARD TO DHANSAGAR AND MANDOVI SCHEMES AND DISALLOWANCE OF EXPENSES OF RS.10,24,236/-, ADDITION OF RS.6,40,912/- IN THE CASE OF V. K. AGENCY, KANNUR, ADDITION OF RS.1,66,013/- AND ADDITION OF RS.49,200/- ETC. REGARDING THESE GROUND NOS.8 TO 19, THE TRIBUNAL HAS GIVEN A FINDING IN PARA 15 OF THE IMPUGNED TRIBUNAL ORDER THAT NO ARGUMENT WAS ADVANCED BY LEARNED AR OF THE ASSESSEE ABOUT THESE GROUNDS AND ACCORDINGLY THE TRIBUNAL INFERRED THAT THESE GROUNDS ARE NOT PRESSED AND THE SAME WERE DISMISSED AS NOT PRESSED. IN THE MP AS WELL AS IN THE ARGUMENTS IN COURSE OF HEARING OF THE MP, THIS IS THE CONTENTION RAISED ON BEHALF OF THE ASSESSEE THAT THE TRIBUNAL IS NOT CORRECT IN SAYING THAT NO ARGUMENT WAS ADVANCED BY LEARNED AR OF THE ASSESSEE REGARDING THESE GROUND NOS.8 TO 19 AND REGARDING THIS CONTENTION, OUR ATTENTION WAS DRAWN TO PARA 4 OF THE IMPUGNED TRIBUNAL ORDER BUT THERE IS NO DISCUSSION IN PARA 4 ABOUT THE ISSUES INVOLVED IN THESE GROUND NOS.8 TO 19 AND THE DISCUSSION IN THIS PARA IS ONLY ON THE ISSUE INVOLVED IN GROUND NOS.3 TO 7 IN RESPECT OF DISALLOWANCE OF DEPRECIATION ON SALE AND LEASE BACK TRANSACTION. WE HAVE ALSO EXAMINED OUR LOG BOOK ON THE DATE OF HEARING OF APPEAL I.E., ON 03.02.2020. WE FIND THAT THERE IS NO NOTING IN THE LOG BOOK ALSO ABOUT ANY ARGUMENTS REGARDING THESE GROUND NOS. 8 TO 19. WE ALSO FIND THAT ASSESSEE HAS SUBMITTED A PAPER BOOK CONTAINING 161 PAGES WHICH IS DATED 12.12.2011 AND IN THIS PAPER MP NO. 126/BANG/2020 (IN IT(SS)A NO.7/BANG/2011) PAGE 4 OF 5 BOOK, THE ASSESSEE HAS SUBMITTED ON PAGES 1 TO 7 THE COPY OF LETTER ADDRESSED TO DCIT CONTAINING PARAWISE COMMENTS ARE MADE AND THESE PARAWISE COMMENTS IN THIS LETTER ARE REGARDING THE SALE AND LEASE BACK TRANSACTIONS ONLY AND NOT REGARDING ANY OTHER ISSUE. BEFORE US, IN THE COURSE OF HEARING OF THE MP, ALTHOUGH CONTENTIONS WERE RAISED THAT THE TRIBUNAL IS NOT CORRECT IN SAYING THAT NO ARGUMENT WAS ADVANCED BY THE LEARNED AR OF THE ASSESSEE IN COURSE OF HEARING OF THE APPEAL IN RESPECT OF GROUND NOS.8 TO 19 BUT NO EVIDENCE HAS BEEN FURNISHED BY LEARNED AR OF THE ASSESSEE IN THIS REGARD ESTABLISHING THAT ARGUMENTS WERE IN FACT MADE BY LEARNED AR OF THE ASSESSEE IN RESPECT OF THESE GROUNDS ALSO IN COURSE OF HEARING. IN VIEW OF THESE FACTS THAT NEITHER OUR LOG BOOK NOR THE PAPER BOOK FILED BY LEARNED AR OF THE ASSESSEE AND IN THE ABSENCE OF ANY EVIDENCE BEING FILED BY LEARNED AR OF THE ASSESSEE ESTABLISHING THAT ARGUMENTS WERE IN FACT RAISED BY HIM REGARDING GROUND NO.8 TO 19 IN COURSE OF HEARING OF THE APPEAL, WE FIND NO MERIT IN THE MP FILED BY THE ASSESSEE. MP NO. 126/BANG/2020 (IN IT(SS)A NO.7/BANG/2011) PAGE 5 OF 5 3. IN THE RESULT, MISCELLANEOUS PETITION FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE. SD/- SD/- ( N. V. VASUDEVAN ) VICE PRESIDENT (A. K. GARODIA) ACCOUNTANT MEMBER PLACE : BANGALORE DATED : 09/11/2020 /NS/* COPY TO : 1 APPELLANT 2 RESPONDENT 3 CIT(A)-II BANGALORE 4 CIT 5 DR, ITAT, BANGALORE. 6 GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME-TAX APPELLATE TRIBUNAL BANGALORE
