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Sh. Mohit Chitkara, Chandigarh vs Department Of Income Tax

Income Tax Appellate Tribunal20 February 2015

Ratio decidendi

The rule this decision rests on

The Tribunal, on a miscellaneous application for rectification, holds that a departmental appeal dismissed because the tax effect is below the monetary limit prescribed by the Board's circular cannot be reopened by rectification merely because the Revenue contends the reassessment was made on an audit objection; the Revenue's contention that an audit objection stands satisfied by reopening the assessment is not relevant to whether the dismissal discloses an apparent mistake on the record. A miscellaneous application seeking rectification of an order under the Tribunal's power to correct a mistake apparent from the record will be dismissed where no mistake apparent from the record is shown; the applicant must identify what objection was raised at the time of filing the appeal and why the dismissal was erroneous, and a bare reference to the Board circular without such identification does not disclose an apparent mistake.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

IN THE INCOME TAX APPELLATE TRIBUNALCHANDIGARH BENCH 'B', CHANDIGARHBEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBERAND SHRI T.R.SOOD, ACCOUNTANT MEMBERM.A.No.52/Chd/2014InITA No. 711/Chd/2013(Assessment Year : 2007-08)The A.C.I.T., Vs. Shri Mohit Chitkara,Circle 2(1), # 2154, Sector 15C,Chandigarh. Chandigarh.PAN: ABAPC7958C(Appellant) (Respondent)

Applicant by : Shri S.K.Mittal Respondent by : Shri Vineet Krishan

Date of hearing : 20.02.2015 Date of Pronouncement : 20.02.2015

O R D E R

Per BHAVNESH SAINI, J.M. :

This order shall dispose off Miscellaneous Application

filed by the A.C.I.T., Circle 2(1), Chandigarh against the order

of the Tribunal dated 20.1.2014 dismissing the departmental

appeal in ITA No.711/Chd/2013.

2. Briefly, the facts of the case are that the Assessing

Officer while passing the re-assessment order under section

143(3) r.w.s. 148 of the Act made disallowance of Rs.59,296/-

on account of depreciation. The learned CIT (Appeals) allowed

the appeal of the assessee quashing the reopening of the

assessment because reopening was done on mere change of

opinion. The Tribunal dismissed the departmental appeal 2

vide order dated 20.1.2014 considering the tax effect to be

below Rs.3 lacs.

3. The Miscellaneous Application is filed by the A.C.I.T.,

Circle 2(1), Chandigarh stating that the departmental appeal

could be filed subject to exception provided in the Board

Circular. However, nothing is cited in the Miscellaneous

Application as to what were the objections of the Department

at the time of filing of the departmental appeal. The learned

D.R for the Revenue stated that there an audit objection for

which the assessment was reopened. The contention of the

learned D.R for the Revenue is not relevant because once the

assessment is reopened on audit objection, the audit objection

stands satisfied. Further it is not in dispute that the tax

effect was below Rs.3 lacs for that reason the departmental

appeal was dismissed.

4. Considering the above discussion, we do not find any

mistake apparent from the record. The Miscellaneous

Application filed by the Revenue is dismissed.

5. In the result, the Miscellaneous Application filed by the

Department is dismissed.

Order pronounced in the open court on this 20th day of February, 2015.

Sd/- Sd/- (T.R.SOOD) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER

Dated : 20 t h February, 2015 *Rati*

Copy to: The Appellant/The Respondent/The CIT(A)/The CIT/The DR.

Assistant Registrar, ITAT, Chandigarh 3

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