TMI Blog2013 (7) TMI 352X X X X Extracts X X X X X X X X Extracts X X X X ..... in that a ground raised in the memorandum of appeal before the Tribunal was not at all considered by the Tribunal. Tribunal has not at all discussed that ground in its order and complete omission to discuss the ground set up in appeal is undoubtedly a mistake apparent from the record. Also see B. Karamchand Piarelal vs. ITO [2003 (12) TMI 262 - ITAT AMRITSAR] After considering the above submissions we are satisfied, that the 'addition ground raised' regarding excessiveness of the penalty levied u/s 271(1)(c) of the Act remained unadjudicated. This is a rectifiable mistake inadvertently committed, and this can be rectified under the provisions of Section 254(2). Other submissions are simply admitted at the re-writing of the order which is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... how the claim was bonafide. It is an undeniable fact that the mill was a part of block of assets separate from ginning factory and the assessee has been claiming depreciation thereon from the very beginning till the year 1987. These facts were not denied, rather, were confirmed from the report. The mill was closed for four year but the depreciation was being claimed. The question that the assessee is a cooperative society and it is run by employees will not absolve it from penal provisions of section 217(l)(c) of the Act because its accounts are audited and benefit of legal experts were available to it altogether. Thus there is no shred of bonafide belief which has been proved on record by the appellant. By saying and mentioning in a routi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ccounting method. The assessee has received advance lease money for ginning of Narma. An advance is no income. In earlier year the assessee was wrongly showing advance as income. This year the assessee was advised that unless the contract is executed, the advance does not get converted into income. Thus, the advance lease money was disclosed as income on completion of contract. This is the right procedure and in accordance with Accounting Standard. If contract is not performed, the advance is recoverable. The assessee has disclosed these facts in the Income and Expenditure account and Balance Sheet. There cannot be any penalty for following correct accounting standard. An additional ground of appeal was raised vide letter dated 16.07.2012 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dispose off the grounds. Beside the other ground taken in the memo of appeal was also not disposed off. As regards the grounds it is submitted that the following grounds were not disposed off: "Various court's decision site on which reliance was placed which was fully supported the case of the assessee were simply ignored," From the perusal of the above you will observe that this ground was not disposed off. The assessee relied before the CIT(A) as well as before this Hon'ble Bench on the following judgment of Supreme Court and Rajasthan High Court :- 1. CIT vs. Oriental Power Cable Ltd. 303 ITR 49 (Raj.). 2. CIT vs. Reliance Petro Products Pvt. Ltd. 322 ITR 158 (SC) 3. CIT vs. Shyam Sunder Gopal Das 310 ITR 5 (SC) From the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . If the arguments were not considered is also covered under the definition of mistake apparent from record. As regards the argument, in this respect it is submitted that I want to draw your kind attention towards the written submission submitted before the Hon'ble Bench in course of hearing. The assessee also submitted written submission in which it was also mentioned also submitted the relevant para is as under:- "In pursuance of this impugned order has been passed by the CITA Bikaner on 7.10.2010 and upheld the order of Learned AO. While deciding the appeal, Learned CITA has even not decided the grounds of appeal raised as perform No. 35 filed before him." The assessee also argued and submitted that alternative ground in the last p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... direction to rehear the case which was passed by them after a careful consideration of all the grounds of appeal taken by the Revenue ? It is urged by learned standing counsel that the arguments were duly addressed before the Tribunal on this ground. It is conceded by him that the Tribunal has not at all discussed that ground in its order and complete omission to discuss the ground set up in appeal is undoubtedly a mistake apparent from the record. There being no controversy on the fact that the Tribunal completely omitted to consider the ground, in our opinion, the aforesaid question is not referable and, therefore, the application is dismissed. No order as to costs. Lastly your kind attention is invited towards 91 ITD 398 (Amritsar T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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