CANNON STEELS P. LTD, v. ITO 1(1)(2),

MA 90/MUM/2010 | 1994-1995
Pronouncement Date: 04-08-2010 | Result: Dismissed

Appeal Details

RSA Number 9019924 RSA 2010
Assessee PAN AAACC2189D
Bench Mumbai
Appeal Number MA 90/MUM/2010
Duration Of Justice 5 month(s) 23 day(s)
Appellant CANNON STEELS P. LTD,
Respondent ITO 1(1)(2),
Appeal Type Miscellaneous Application
Pronouncement Date 04-08-2010
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted E
Tribunal Order Date 04-08-2010
Assessment Year 1994-1995
Appeal Filed On 11-02-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI E BENCH MUMBAI BEFORE SHRI PRAMOD KUMAR (ACCOUNTANT MEMBER) AND SHRI V. DURGA RAO (JUDICIAL MEMBER) M.A. NO.90/MUM./2010 (ARISING OUT OF ITA NO.4940/MUM./2005) ASSESSMENT YEAR : 1994-95 DATE OF HEARING 7.5.2010 M/S. CANNON STEELS PVT. LTD. 109 CHURCHGATE CHAMBERS NEW MARINE LINES MUMBAI 400 020 PAN AAACC2189D .. APPELLANT VS INCOME TAX OFFICER 1(1)(2) R.NO.579 AAYAKAR BHAVAN M.K. ROAD MUMBAI 20 RESPONDENT APPLICANT BY : SHRI S.P. GOYAL RESPONDENT BY : SHRI VIKRAM GAUR O R D E R PER PRAMOD KUMAR A.M. 1. THIS RECTIFICATION PETITION CALLS INTO QUESTION OUR ORDER DATED 29 TH DECEMBER 2009 AND POINTS OUT THAT NOT AWARDING THE COSTS TO THE ASSESSEE ON THE FACTS OF THIS CASE CONSTITUTES A MISTAKE ON OUR PART. CANNON STEELS P. LTD. MA NO.90/MUM./2010 [2] 2. SHRI GOYALS CONTENTION IS THAT THE REVENUES APPEA L WHICH WAS DISMISSED BY WAY OF IMPUGNED ORDER WAS A FRIVOLOUS APPEAL WITH ULTERIOR MOTIVES. IT IS SUBMITTED THAT THE SAID REVENUES APPEAL WAS ALLOWE D BY THE TRIBUNAL VIDE ORDER DATED 11 TH JANUARY 2008 WHICH WAS RECALLED LATER. IT IS ALLE GED THAT BY SO ALLOWING THE APPEAL IN THE FIRST PLACE TRIBUNAL ACTED IN AN INAPPROPRIATE MANNER AND THE ASSESSEE WAS SUBJECTED TO HUGE COSTS WHICH ASSESSE E HAS QUANTIFIED AT RS.1 40 000/-. WE ARE URGED TO AWARD THESE COSTS. 3. HOWEVER WHEN SHRI GOYALS ATTENTION WAS INVITED TO SECTION 254(2) AND IT WAS POINTED OUT THAT UNLESS A MISTAKE APPARENT ON R ECORD EXISTS IN THE IMPUGNED ORDER WE ARE DENUDED OF POWERS TO TINKER WITH THE SAID ORDER HE FAIRLY SUBMITS THAT HE HAS NO GRIEVANCE WITH THE ORDER THOUGH HE F EELS GIVEN THE HARDSHIP THAT THE AS HAS GONE THROUGH IDEALLY COSTS SHOULD HAVE BEEN AWARDED TO THE ASSESSEE. HE ONCE AGAIN NARRATES THE HARDSHIPS HE IS SAID TO HAV E FACED DUE TO CARELESS ATTITUDE OF MAINLY THE REVENUE AUTHORITIES AND THE INDIFFERE NCE SHOW BY THE TRIBUNAL TO ASSESSEES HARDSHIPS. 4. SECTION 254(2) HAS A VERY NARROW SCOPE AND OUR POWE RS UNDER THE SAID SECTION ARE CONFINED TO ONLY RECTIFYING SUCH MISTAK ES AS ARE APPARENT ON RECORD AND ON WHICH NO TWO VIEWS ARE POSSIBLE. AS HONBLE BOMB AY HIGH COURT HAS OBSERVED IN THE CASE OF CIT VS EARNEST EXPORTS P. LTD. (JUD GMENT DATED 25 TH FEBRUARY 2010 AS REPORTED ON WWW.ITATONLINE.ORG) SECTION 254(2) IS NOT A CARTE BLANCHE FOR THE TRIBUNAL TO CHANGE ITS OWN VIEW BY SUBSTITUTING A VIEW WHICH IT BELIEVES SHOULD HAVE BEEN TAKEN IN THE FURST STANCE AND UNLESS A SENSE OF RESTRAINT IS OBSERVED IN EXERCISING POWERS U/S 254(2) JUDICIAL DISCIPLINE W ILL BE A CASUALTY . WE HAVE NO POWERS TO REVIEW OUR DECISION AND OUR POWERS U/S 25 4(2) ARE CONFINED TO ONLY RECTIFYING SUCH MISTAKES APPARENT ON RECORD ON WHIC H NO TWO VIEWS ARE POSSIBLE. BY NO STRETCH OF LOGIC NOT AWARDING THE COSTS CAN FIT INTO THIS INHERENTLY LIMITED SCOPE OF SECTION 254(2) RECTIFICATION PETITION. CANNON STEELS P. LTD. MA NO.90/MUM./2010 [3] 5. IN THE RESULT RECTIFICATION PETITION IS DISMISSED. PRONOUNCED IN THE OPEN COURT TODAY ON 4 TH AUGUST 2010. SDXX (V. DURGA RAO) JUDICIAL MEMBER SDXX (PRAMOD KUMAR) ACCOUNTANT MEMBER MUMBAI; 4 TH DAY OF MAY 2010 COPIES OF THE ORDER FORWARDED TO : (1) THE APPELLANT (2) THE RESPONDENT (3) CIT MUMBAI (4) CIT(A) MUMBAI (5) DR E BENCH (6) GUARD FILE TRUE COPY BY ORDER ETC. ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL PRADEEP J. CHOWDHURY MUMBAI BENCHES SR. PRIVATE SECRETARY CANNON STEELS P. LTD. MA NO.90/MUM./2010 [4 ] DATE INITIAL 1. DRAFT DICTATED ON SR.PS 2. DRAFT PLACED BEFORE AUTHOR SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/PS 6. DATE OF PRONOUNCEMENT SR.PS 7. FILE SENT TO THE BENCH CLERK SR.PS 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK 9. DATE OF DISPATCH OF ORDER