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M/s Associated Printers, Chandigarh Vs The ITO, Ward-2(1),Chandigarh
July, 11th 2012
         IN THE INCOME TAX APPELLATE TRIBUNAL
           CHANDIGARH BENCHES `B' CHANDIGARH


       BEFORE SHRI H.L.KARWA, HON'BLE, VICE PRESIDENT
          AND SHRI T.R. SOOD, ACCOUNTANT MEMBER


                                 MA No. 28/Chd/2010
                              (In ITA No. 781/Chd/2006)
                             Assessment Year: 1999-2000


M/s Abhishek Industries Ltd.,        Vs     The ACIT, Range-1,
Ludhiana                                    Ludhiana


(Appellant)                                        (Respondent)


                  Appellant By              : Shri Ashwani Kumar
                  Respondent By             : Shri N.K. Saini

                  Date of hearing       : 06.07.2012
                  Date of Pronouncement : 09.07.2012





                                   ORDER


PER H.L.KARWA, VP


      This M isc. Application preferred by the assessee arises out of the order

of the Tribunal dated 24.6.2009 passed in ITA No. 781/Chd/2006 relating to

assessment year 1999-2000.



2.    The assessee vide its application dated 31.10.2009 has stated as under:-


      "Before the Income-tax Appellate Tribunal,
       Chandigarh
       Bench `B'
       Chandigarh
                                                                            2


      Sub:_ Misc Application u/s 254(2) in ITA No. 781/Chandi/2006
            for assessment year 1999-2000 in the case of M/s
            Abhishek Industries Ltd. Ludhiana

      Sir,

      Respectfully the following is submitted for your Honour's Kind
      consideration and necessary perusal:-

      That the above captioned appeal was adjudicated upon by the
      Hon'ble Bench vide order dated 31.7.2007.

      That the petitioner filed a Misc. Application against the said
      order dated 29.04.2008 on 25.06.2008

      That vide order passed in response to the Misc. Application, the
      earlier order passed was recalled by the Hon'ble Bench.

      That during the cour se of hearing and even vide the earlier Misc.
      Application, it was submitted that although the issue involved in
      the appeal is covered against the assessee, the request for
      applicability of provisions of section 158A be kindly considered
      and a specific request was also made during he course of hearing
      of the appeal.

      That due to some inadvertent error the same seems to have
      skipped the notice of the Hon'ble Bench.

      It is humbly prayed that the order dated 24.6.2009 passed by
      Hon'ble Bench be kindly recalled and request for consider ation of
      applicability of provisions us/ 158a be kindly considered.

      Thanking you,

                                                 Yours faithfully,

                                           For Abhishek Industries Ltd.

                                                Sd/-
      Dated 31.10.2009                     Authorized Signatory "



3.    We have heard the Ld. Representatives of both the parties at length and

have also carefully gone through the contents of the above Misc. Application.

It is observed that the appeal of the assessee i.e. ITA No.781/Chd/2006 for

assessment year 1999-2000 was adjudicated upon by ITAT, Chandigarh
                                                                              3


Bench vide its order dated 31.7.2007 ex. parte.       The assessee vide Misc.

Application No. 189/Chd/2008 dated 24.6.2008 requested the Tribunal to

recall its order dated 31.07.2007 and prayed for opportunity of fresh hearing

be afforded to the assessee.   In the above application, the assessee submitted

that on merits, the issue involved in the appeal is covered against the

assessee by the judgment of Hon'ble     Punjab & Haryana High Court in the

case of Abhishek Industries Ltd 286 ITR 1(P&H).         However, the assessee

submitted that applicability of provisions of Section 158A of the Income Tax

Act, 1961 (in short 'the Act') may be considered in the facts and

circumstances of this case. The Tribunal decided the appeal of the assessee

on 24.6.2009 stating that sales tax subsidy amounting to Rs. 2,50,59,653/- is

a revenue receipt following the judgment of jurisdictional High Court in the

case of assessee itself reported in (2006) 286 ITR 1(P&H).       However, the

Tribunal inadvertently did not take into consideration the declaration filed by

the assessee u/s 158A(1) of the Act claiming that identical question of law is

pending before the Hon'ble Supreme Court.          The Tribunal has also not

considered the no objection certificate submitted by the Assessing Officer as

per the requirements of section 158A of the Act.



4.    In our view, the mistake pointed out by the assessee in the order of the

Tribunal dated 24.6.2009 is a mistake apparent from the record.      It is well

settled law that when prejudice resulting from an order is attributable to the

Tribunal's mistake, error or omission, it is its bounden duty to set it right.

Shri Ashwani Kumar, Ld. Counsel for the assessee submitted that the

judgment of the Hon'ble Punjab & Haryana High Court in the case of M/s

Abhishek Industries Ltd (supra) still s ubsists but the Special Leave Petition
                                                                             4





(SLP) is pending before the Hon'ble Supreme Court involving identical

question of law as is in the present case. It is an admitted fact that the

assessee has filed a declaration u/s 158A(1) of the Act, agreeing to apply in

the instant case, final decision on the impugned question of law to be laid

down by the Hon'ble Supreme Court. There is no objection by the Assessing

Officer to the request made by the assessee. We observe that the question of

law arising in the instant case is identical to the question raised in the SLP

filed before the Hon'ble Supreme Court arising from the order of the Hon'ble

Punjab & Haryana High Court in the case of M/s Abhishek Industries Ltd

(supra). Therefore, we hold that the decision on the question of law in the

case of Abhishek Industries Ltd (supra) when becomes final, it shall be

applied to the instant case and the Assessing Officer shall, if necessary,

amend the order in accordance with law after affording an opportunity of

being heard to the as sessee.


      The observations made in para 4 above may be read as a part of order

dated 24.6.2009 passed in ITA No. 781/Chd/2006.



5.    In the above terms, t he Misc. Application filed by the assessee is

allowed.


      Order Pronounced in the Open Court on this 9 t h day of July, 2012



      Sd/-                                              Sd/-

   (T.R.SOOD       )                                (H.L.KARWA)
ACCOUNTANT MEMBER                                 VI CE PRESIDENT
Dated : 9 t h July, 2012
Rkk
                                                            5



Copy to:
  1.     The Appellant
  2.     The Respondent
  3.     The CIT
  4.     The CIT(A)
  5      The DR

                          True Copy
                                          By Order

                                      Assistant Registrar
 
 
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