9911796707
TMI Blog2021 (1) TMI 399X X X X Extracts X X X X X X X X Extracts X X X X ..... ation is that the Tribunal in its order dated 12.02.2019 has not dealt with the following issues: "(2)a. Grounds on "Reappraisal of the same information on the records" (Page No.14 and 15 of the paper book). The Hon'ble Tribunal has dismissed the ground on the score of "under reporting" in paragraph 10 of the appellate order rather than dealing with the question of "reappraisal of the same information by the AO." b. The Hon'ble Tribunal did not deal with the issue on section 45(3) of the Act particularly that was forming part of the grounds with respect to ground No. (l)(i), ground No. (ll)(1)(ii), ground No.(ll)(2) and ground No.(ll)(3). As a matter of fact, there is not even whisper on applicability of section 45(3) particular ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 146-154 3 354-ITR-244 (Gujarat) General Motors India (P) Ltd. 155-178 4 354-ITR-211 (Gujarat) Vishwanath Engineers 179-187 5 80-taxmann.com-77 (Karnataka) Deepak Extrusions P. Ltd 188-192 6 81-Taxmann.com-73 (Madras) Martech Peripherals P. Ltd 193-203 7 81-ITR-(Trib)-669 (Delhi) Veer Vardhaman Finance Investment P. Ltd 204-210 e. In paragraph 11 of the Tribunal order, the Tribunal has acknowledged as under. "11. Regarding 2nd and 3rd grounds of appeal of the assessee, the assessing officer has held that non-agricultural of 4960 kg mtrs held as stock in trade by the assessee was brought as capital contribution to the firm M/s. C. N. Builders and Developer on 18-10-2003." After putting the observed fact ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 900 per squire meter is based on estimation and such estimation cannot be treated mistake apparent in the Tribunal order. The assessee, in his miscellaneous application, is requesting the Tribunal to adopt the fair market value at Rs. 600 per square meter, instead of Rs. 900 per square meter, which is not permitted under section 254(2) of the Act, as it would be tantamount to re-write the order again. While deciding the appeal, the Tribunal has considered all the issues of the assessee, hence there is no mistake apparent in the order of the Tribunal and therefore assessee`s miscellaneous application should be dismissed. 5. We have heard both the parties and carefully gone through the submissions put forth on behalf of the assessee. We find ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... luding para each and every judgment cited by the assessee. It is not a case of the assessee that Tribunal has not considered the paper book of the assessee, for instance, the Tribunal has given a passing reference of the judgment of the Hon`ble Supreme Court in the case of GKN Driveshafts (India) Ltd, 259-ITR-19 (SC), in para No.6 of its order, it means the Tribunal was aware about the judgment cited by the assessee in its paper book, however it is not necessary that the said judgment should be used by the Tribunal in its conclusion(ratio). 6. We note that in this miscellaneous application, ld Counsel has argued the various legal issues which were already considered by the Tribunal in its order dated 12.02.2019. When an argument and debate ..... X X X X Extracts X X X X X X X X Extracts X X X X
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