Syed Baqar Hasan, Hyderabad, Hyderabad vs Assessee

Date of Hearing : 13.03.2015 Date of Pronouncement : 18.03.2015 2 M.A.No.13, 14 & 15/Hyd/2015 in ITA.No.1386, 1387 & 1388/Hyd/2014 Mr. Syed Afsar Hasan, Mr. Syed Baqar Hasan etc., Hyderabad.

ORDER

PER SAKTIJIT DEY, J.M.

These miscellaneous applications have been filed by the assessee seeking rectification of mistake claimed to have crept into the order of the Tribunal dated 14.01.2015 passed in ITA.No.1386, 1387 & 1388/Hyd/2014 for the A.Y. 2006-2007.

2. The basic contention of the assessee is certain decisions cited in the course of hearing of the appeal were not considered by the Tribunal while passing the impugned order. Therefore, it is submitted, non-consideration of those decisions cited in the course of hearing has made the order erroneous.

3. The learned D.R. on the other hand, opposing the contention of the assessee submitted before us that the discussions made by the Tribunal in paras 13 and 17 of the order would clearly show that the decisions relied upon by the assessee's counsel were considered by the Tribunal and thereafter, the issue was decided. Therefore, there being no mistake in the order of the Tribunal the applications should be dismissed.

4. We have considered the submissions of the parties and perused the materials on record. As can be seen the specific contention of the assessee, is the decisions of the Hon'ble Kerala High Court in the case of CIT vs. Smt. Thressiamma Abraham (1997) 227 ITR 802 and that of the Tribunal in the case of Addl. CIT vs. Glad Investment P. Ltd., (2006) 102 ITD 227 (Delhi) wherein the decision of Hon'ble 3 M.A.No.13, 14 & 15/Hyd/2015 in ITA.No.1386, 1387 & 1388/Hyd/2014 Mr. Syed Afsar Hasan, Mr. Syed Baqar Hasan etc., Hyderabad.

Supreme Court in the case of VSMR Jagadishchandran (1997) 227 ITR 240 (SC) and R.M. Arunachalam vs. CIT (1997) 227 ITR 222 (SC) were considered and distinguished, though were cited by assessee's counsel in course of hearing of appeal, Tribunal has not considered them. It is submitted that these two decisions are similar to the facts of assessee's case, hence are applicable.

5. However, as can be seen in para 13 of the order, Tribunal has specifically referred to the decisions relied upon by the learned A.R. wherein these two decisions also find place. Further, finding in para 17 would clearly show that after considering the decisions cited by assessee's Counsel the Tribunal formed a view that they are not applicable as according to the Tribunal, the ratio laid down in the decisions of the Hon'ble Supreme Court in the cases of VSMR Jagadishchandran (1997) 227 ITR 240 (SC) and R.M. Arunachalam vs. CIT (1997) 227 ITR 222 (SC) are squarely applicable to the facts of the present case. Therefore, the contention of assessee that decisions relied upon were not considered is baseless and not borne out from record. Merely because in the decision referred to by the learned A.R., as contended by him, the decisions of Hon'ble Supreme Court was distinguished, it does not necessarily mean that same will apply to the facts of assessee's case. Since, the Tribunal after considering the facts of the present case has taken a conscious decision that the ratio laid down by the Hon'ble Supreme Court in the aforecited two decisions are applicable and decided the issue by following them, the miscellaneous applications filed by the assessee are thoroughly misconceived. It needs to be observed, on perusing the contents of the 4 M.A.No.13, 14 & 15/Hyd/2015 in ITA.No.1386, 1387 & 1388/Hyd/2014 Mr. Syed Afsar Hasan, Mr. Syed Baqar Hasan etc., Hyderabad.

miscellaneous petitions, it is very much evident that in the garb of rectification of mistake assessee is actually seeking re- hearing of the appeal and review of the earlier order passed, which is not permissible under section 254(2) of the Act. Accordingly, there being no merit in the miscellaneous applications filed by the assessee, they are dismissed.

5. In the result, miscellaneous applications of the assessee are dismissed.

Order pronounced in open Court on 18.03.2015.

Sd/- Sd/- (B. RAMAKOTAIAH) (SAKTIJIT DEY) ACOUNTANT MEMBER JUDICIAL MEMBER

Hyderabad, Dated 18th March, 2015

VBP/- Copy to :

1. Mr. Syed Afsar Hasan, Hyderabad C/o. M/s. Anjaneyulu & Co., 2. Mr. Syed Baqar Chartered Accountants, Hasan, Hyderabad 30, Bhagyalakshmi Nagar, Gandhi 3. Late Smt. Hoorjahan Nagar, Hyderabad - 500 080. Begum,

4. The Income Tax Officer, Ward 9(2), Hyderabad.

5. CIT(A)-VI, Hyderabad.

6. CIT-VI, Hyderabad.

7. D.R. ITAT 'B' Bench, Hyderabad.

8. Guard File