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TMI Blog2011 (5) TMI 934X X X X Extracts X X X X X X X X Extracts X X X X ..... ee submitted that the assessee company has disclosed an amount of ₹ 35,02,012/- on account of contract receipts of Faridabad Unit. However, the return was filed along with TDS certificates disclosing contract receipts of ₹ 54,24,829/-. The difference in amount is due to the TDS certificates of M/s Dalal Autocast and Supreme Industries. It was submitted during the course of appellate proceedings that the whereabouts of M/s Supreme Industries is not known as the company is not traceable and it is not known whether such amount has been received by the assessee company at all, therefore, the matter should be restored back to the file of the A.O. for issue of summons to those parties. It was further argued that some dispute is going ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court in the case of Honda Siel Power Products Ltd. reported in 295 ITR 466, the ld. counsel for the assessee submitted that grounds of appeal No. 1 to 7 should be recalled for fresh adjudication or amended by setting aside the matter to the file of the A.O. for fresh adjudication. 3. The ld. D.R., on the other hand, strongly opposed the M.A. He submitted that the Tribunal has passed a detailed order on merit of the case. Since there is no apparent mistake in the order of the Tribunal, the M.A. deserves to be dismissed. He submitted that any further decision on this concluded matter will amount to review of its own order by the Tribunal which is not permissible by law. 4. We have considered the rival arguments made by both the sides. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... S certificates and since the return was duly verified and signed by one of the directors, therefore, the Tribunal after considering all the technical aspects, has taken the view that there is no point in restoring the matter to the file of the A.O. with a direction to issue summons to those parties. Moreover, it will not serve any purpose and only prolong litigation because the matter is very old. The ld. Counsel for the assessee could not point out any error in the findings given by the Bench, therefore, the M.A. deserves to be dismissed on this ground itself. 4.1 Further, on being questioned by the Bench as to whether the assessee has challenged the order of the Tribunal before the Hon ble High Court, the ld. Counsel for the assessee a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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