The ITO, 3(1), Bhopal v. Shri Khushal Chandra Jain, Bhopal

1 IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH INDORE BEFORE SHRI JOGINDER SINGH JUDICIAL MEMBER AND SHRI V.K. GUPTA ACCOUNTANT MEMBER M.A. NO. 26/IND/09 ARISING OUT OF ITA NO.719/IND/2007 & CO NO. 140/IND /2007 INCOME TAX OFFICER 3(1) BHOPAL APPLICANT VS KAUSHAL CHANDRA JAIN BHOPAL PAN AAUPJ 6520 C) RESPONDENT APPLICANT BY : SMT. APARNA KARAN SR. DR RESPONDENT BY : NONE O R D E R PER JOGINDER SINGH JM THIS MISCELLANEOUS PETITION U/S 254(2) OF THE INCOM E TAX ACT 1961 HAS BEEN MOVED BY THE REVENUE ON THE GROUND THAT TH E ORDER OF THE TRIBUNAL MAY BE RECALLED ON THE GROUND THAT THOUGH THE TAX EFFECT WAS RS. 49 191/- HOWEVER THE APPEAL INVOLVED A SUBSTA NTIAL QUESTION OF LAW HENCE FELL WITHIN THE EXCEPTIONS PROVIDED IN THE C BDT INSTRUCTIONS AND THEREFORE THIS APPEAL SHOULD HAVE BEEN DECIDED ON MERITS. HOWEVER ON PERUSAL OF THE ISSUE INVOLVED IT IS NOTED THAT NOW IT HAS BECOME A SETTLED 2 PROPOSITION OF LAW THAT AN ASSESSEE IS ENTITLED TO BENEFIT OF SECTION 10(10C) AND 89(1) HENCE IT DOES NOT FALL WITHIN T HE PARAMETERS OF EXCEPTIONAL SITUATIONS PROVIDED IN THE CIRCULAR OF THE CBDT. CONSEQUENTLY WE FIND NO MERIT IN THIS MISCELLANEOU S APPLICATION FILED BY THE REVENUE. THE SAME IS THEREFORE DISMISSED. IN THE RESULT THE MISCELLANEOUS APPLICATION IS DIS MISSED. ORDER PRONOUNCED IN OPEN COURT IN THE PRESENCE OF L EARNED REPRESENTATIVES OF BOTH THE SIDES AT THE CONCLUSION OF HEARING ON 9 TH APRIL 2010. SD SD (V.K. GUPTA) (JOGINDER SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER 9 TH APRIL 2010 COPY TO: APPELLANT RESPONDENT CIT CIT(A) DR G UARD FILE *DBN/