9911796707
TMI Blog2013 (4) TMI 547X X X X Extracts X X X X X X X X Extracts X X X X ..... tentions, to dispute the said finding of the Tribunal, as to the tax effect involved, and by adducing necessary evidence to substantiate the said contentions, at that stage, it cannot be said that there was any mistake apparent from record in the order of the Tribunal dated 17.10.2012. - application of the Revenue Rejected. - M.A.No.25/Hyd/2013 - - - Dated:- 19-4-2013 - Shri Chandra Poojari And Shri Saktijit Dey,JJ. For the Petitioner : Shri M. H. Naik For the Respondent : Shri B. Vamsi Krishna ORDER Per Saktijit Dey, Judicial Member:- By this application under S.254(2) of the Income-tax Act, 1961, the Revenue seeks rectification/recall of the order of this Tribunal dated 17.10.2012 in ITA No.1041/Hyd/2012 for the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... less than Rs.3 lakhs, and as such the same was correctly dismissed by the Tribunal, in limine, as not maintainable. In fact, the learned Authorised Representative for the assessee in the written submission filed has furnished a detailed calculation demonstrating that the tax effect is below Rs.3 lakhs. 4. We have heard the rival submissions and perused the material on record, in the light of the averments made by the applicant in the present application. We find that the Tribunal has rendered its decision, after hearing both the parties to the dispute, and the decision to dismiss the appeal of the Revenue, treating the same as nonmaintainable on the ground that the tax effect was less than Rs.3 lakhs, was duly pronounced in the open court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r, the learned counsel for the assessee too argued and filed written submissions, to point out that the tax effect was indeed less than Rs.3- lakhs. The submission made by the learned counsel for the assessee in this behalf also remains uncontroverted. The Department has not been able to demonstrate that the tax calculation made by the assessee in its written submissions before us, is not correct. In these circumstances, it cannot be said that there was any mistake apparent from record in the order of the Tribunal dated 17.10.2012. We are supported in this behalf by the decision of the jurisdictional High Court in the case of CIT V/s. ITAT Anr. 206 ITR 126 the Andhra Pradesh High Court held as under: "The Appellate Tribunal, being a cre ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
