TMI Blog2023 (5) TMI 780X X X X Extracts X X X X X X X X Extracts X X X X ..... rvation of a speaking order of ITAT is beyond the jurisdiction of Bench. So, the MA application of the revenue is dismissed. - M.A. No. 8/Asr/2021 (In I.T.A.No. 513/Asr/2017) - - - Dated:- 22-3-2023 - Dr. M. L. Meena, Accountant Member And Andsh. Anikesh Banerjee, Judicial Member For the Appellant : Smt. Balwinder Kaur, CIT. DR. For the Respondent : Sh. Rohit Kapoor, CA. ORDER PER ANIKESH BANERJEE, JM: The Miscellaneous Application(in brevity MA) was filed by the revenue against the order of the ITAT, Amritsar Bench, bearing ITA No. 513/Asr/2017 for A.Y. 2013-14. The said order was pronounced on dated 21.06.2019. The revenue has filed a petition against the ITA order with the following grievances. 5. Fro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... As can be seen from chart above for A.Y. 2008-09 and 2012-13, the GP determined by the ITAT is lower than that the GP declared by the assessee. d) Similarly for the year under consideration i.e. 2013-14, the GP declared by the assessee is 83,64,009 and that by the ITAT is 2,28,540 which is much below than the declared by the assessee himself. e) Thus inspite of rejecting the books of account which was upheld by the CIT(A) and Hon'ble ITAT bench also, the true profits determined remain lower than the profit declared by the assessee for the A.Y. 2008-09, 2012-13 and 2013-14 due to the error of applying GP rate to gross purchase while the formula relied upon by ITAT worked out by the Ld. CIT(A) applied the GP rate t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and therefore liable to be sustained and resultantly the appeal of the Revenue Department deserves dismissal 4. In the result, the appeal filed by the Revenue Department stands dismissed. 3. We heard the rival submission and relied on the documents available in the record. In argument the revenue let to inform that the rectification was required to relate this order of the ITAT, Amritsar Bench. But the ITAT Amritsar Bench has passed the speaking order in this issue. The ld. counsel during hearing relied on the order of the Hon ble Jurisdictional High Court and Hon ble Apex Court in these cases. The following observation of the Hon ble Courts are extracted as below: 8. Similarly, the same view has been held by jurisdictional ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut in detail by the Tribunal or whether some incidental fact which appears on record has not been noticed by the Tribunal in its judgment. If the Court, on a fair readins of the judgment of the Tribunal. finds that it has taken into account all relevant materials and has not taken into account any irrelevant material in basing its conclusions, the decision of the Tribunal is not liable to be interfered with, unless, of course. The conclusions arrived at by the Tribunal are perverse. It was not necessary for the Tribunal to state in its judgment specifically or in express words that it had taken into account the cumulative effect of the circumstances or had considered the totality offacts, if the judgment of the Tribunal showed that it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e High Court. 5. From the impugned judgment and order passed by the High Court, it appears that the High Court has dismissed the writ petitions by observing that (i) the Revenue itself had in detail gone into merits of the case before the ITAT and the parties filed detailed submissions based on which the ITAT passed its order recalling its earlier order; (ii) the Revenue had not contended that the ITAT had become functus officio after delivering its original order and that if it had to relook/revisit the order, it must be for limited purpose as permitted by section 254(2) of the Act; and (iii) that the merits might have been decided erroneously but ITAT had the jurisdiction and within its powers it may pass an erroneous order and t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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