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Income Tax Appellate Tribunal, PUNE BENCH “A” : PUNE
Before: SHRI SATBEER SINGH GODARA & DR. DIPAK P. RIPOTE
ORDER PER SATBEER SINGH GODARA, J.M. :
This assessee’s miscellaneous application M.A.No.337/PUN./2022 filed u/s.254(2) of the Income Tax Act, 1961 (in short "the Act") seeks to recall/rectify the tribunal’s order dated 08.06.2023 upholding the learned lower authorities action disallowing payment(s) made to Shri Ramesh Shinde of Rs.3,46,00,000/- and Rs.1,00,00,000/- to M/s. Yashwant Ghadke Nagar Co-operative Housing Society; respectively.
2 M.A.No.337/PUN./2022
Heard both the parties at length. Case file perused.
We find at the outset that our detailed discussion has rejected the assessee’s twin substantive grounds as under:
3 M.A.No.337/PUN./2022
4 M.A.No.337/PUN./2022
Learned counsel invited our attention to the assessee’s pleadings in the instant miscellaneous application that our impugned order dated 08.06.2023 suffers from many apparent mistakes on record. He could hardly dispute that our detailed discussion has already rejected all the submissions and therefore, there is hardly any occasion for us to invoke sec.254(2) of the Act to re-appreciate the entire evidence at this stage in light of ACIT vs. Saurashtra Kutch Stock Exchange Ltd., [2008] 305 ITR 227 (SC) and CIT vs. Reliance Telecom Ltd., [2021] 133 taxmann.com 41 (SC). Faced with the situation, we hold that our impugned order does not suffer
5 M.A.No.337/PUN./2022 from any mistake even much less an apparent one so as to invoke sec.254(2) rectification jurisdiction. Rejected accordingly.
This assessee’s miscellaneous application is dismissed in above terms.
Order pronounced in the open Court on 16.06.2023.