DCIT, Cir. 3(1),, v. BLB Ltd.,,

MA 322/DEL/2009 | 2001-2002
Pronouncement Date: 25-08-2010 | Result: Dismissed

Appeal Details

RSA Number 32220124 RSA 2009
Assessee PAN AAACB0184H
Bench Delhi
Appeal Number MA 322/DEL/2009
Duration Of Justice 1 year(s) 2 month(s) 27 day(s)
Appellant DCIT, Cir. 3(1),,
Respondent BLB Ltd.,,
Appeal Type Miscellaneous Application
Pronouncement Date 25-08-2010
Appeal Filed By Department
Order Result Dismissed
Bench Allotted G
Tribunal Order Date 25-08-2010
Assessment Year 2001-2002
Appeal Filed On 28-05-2009
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH G : NEW DELHI BEFORE SHRI R.P.TOLANI JM AND SHRI R.C.SHARMA AM MISCELLANEOUS APPLICATION NO.322/DEL/2009 (IN ITA NO.4767/DEL/2005) ASSESSMENT YEAR : 2001-02 DY.COMMISSIONER OF INCOME TAX CIRCLE-3(1) NEW DELHI. VS. M/S BLB LIMITED 4764/23A ANSARI ROAD DARYA GANJ NEW DELHI. PAN NO.AAACB0184H. (APPELLANT) (RESPONDENT) APPELLANT BY : MS.LEENA SRIVASTAVA DR. RESPONDENT BY : SHRI K.SAMPATH ADVOCATE. ORDER PER R.C.SHARMA AM : THIS MISCELLANEOUS APPLICATION IS FILED BY THE REV ENUE FOR RECALLING THE ORDER OF THE TRIBUNAL DATED 27.11.2006 UNDER THE PR OVISIONS OF SECTION 254(2) OF THE IT ACT. 2. THROUGH THIS PETITION IT WAS CONTENDED BY THE D EPARTMENT THAT VIDE ORDER DATED 27.11.2006 THE APPEAL FILED BY THE ASSESSEE WITH REGARD TO PENALTY IMPOSED U/S 271(1)(C) WAS DELETED BY THE TRIBUNAL. IT WAS FURTHER SUBMITTED THAT THE FINANCE ACT 2009 HAS RETROSPECTIVELY AMENDED SECTI ON 271(1) FROM 1.4.1989 WHEREBY IF ANY ADDITION OR DELETION IS MADE BY COMP UTING TOTAL INCOME OR LOSS IF ANY IN THE ORDER OF REASSESSMENT AND SUCH ORDER CON TAINS DIRECTION FOR INITIATING PENALTY PROCEEDINGS SUCH AN ORDER SHALL BE DEEMED TO CONSTITUTE SATISFACTION OF THE AO FOR INITIATION OF PENALTY PROCEEDINGS UNDER SUB- SECTION (1) OF THE ACT. ACCORDINGLY IT WAS PRAYED THAT THE ORDER PASSED BY THE TRIBUNAL SHOULD BE RECONSIDERED. MA-322/DEL/2009 2 3. ON THE OTHER HAND IT WAS CONTENDED BY THE LEARN ED AR THAT ORDER DATED 27.11.2006 WAS PASSED BY THE TRIBUNAL AFTER CONSIDE RING THE RELEVANT PROVISIONS OF THE LAW EXISTING AS ON THE DATE OF IMPOSITION OF PE NALTY AND ANY SUBSEQUENT AMENDMENT WILL NOT RENDER THE ORDER OF THE TRIBUNAL AS LIABLE TO RECTIFICATION U/S 254(2) OF THE ACT. 4. WE HAVE CONSIDERED THE RIVAL CONTENTIONS CAREFU LLY GONE THROUGH THE ORDER OF THE TRIBUNAL AND THE MISCELLANEOUS PETITION FILE D BY THE REVENUE. WE FOUND THAT AFTER CONSIDERING VARIOUS JUDICIAL PRONOUNCEME NTS AND RELEVANT PROVISIONS OF THE LAW AS APPLICABLE AT THE TIME OF LEVY OF PENALT Y THE TRIBUNAL HAS DELETED THE PENALTY. IN CASE OF IMPOSITION OF PENALTY THE REL EVANT PROVISIONS OF LAW AS APPLICABLE AT THE TIME OF LEVY OF PENALTY IS TO BE SEEN AND NOT THE PROVISIONS AMENDED THEREAFTER. IN VIEW OF THE RELEVANT PROVIS IONS OF THE LAW AS APPLICABLE ON THE DATE OF IMPOSING PENALTY AND THE JUDICIAL PRONO UNCEMENTS CONSIDERED BY THE TRIBUNAL ON THE BASIS OF WHICH THE PENALTY HAS BEEN DELETED WE DO NOT FIND ANY APPARENT MISTAKE IN THE ORDER OF THE TRIBUNAL WHICH CALLS FOR RECONSIDERATION U/S 254(2). FURTHERMORE THE POWER OF TRIBUNAL U/S 254 (2) IS CONFINED TO RECTIFYING THE MISTAKE APPARENT FROM RECORD AND THE TRIBUNAL H AS NO POWER TO RECONSIDER THE DECISION ALREADY RENDERED WHICH REQUIRES DETAILED D ELIBERATIONS AND DISCUSSIONS. 5. IN THE RESULT THE MISCELLANEOUS APPLICATION FIL ED BY THE REVENUE IS DISMISSED. DECISION PRONOUNCED IN THE OPEN COURT ON 25 TH AUGUST 2010. SD/- SD/- (R.P.TOLANI) (R.C.SHARMA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 25.08.2010. VK. MA-322/DEL/2009 3 COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ITAT DEPUTY REGISTRAR