PER S. S. GODARA, JUDICIAL MEMBER Revenue has preferred this instant miscellaneous application u/s. 254(2) of the Income Tax Act, 1961, in short the Act seeks to recall/rectify our order dated 28.04.2017 accepting assessees appeal preferred against both the lower authorities imposing penalty of Rs.28.73lacs as imposed by both the lower authorities in proceedings u/s.271(1)(c) of the Act. Heard both the parties. Case file perused. M. A. No. 254/Ahd/2017 (M/s. Gujarat Metal Cast Industries Ltd.) A.Y. 2005-06 - 2 -
2. The Revenues sole substantive ground pleaded in its instant miscellaneous application is that our order in question dated 28.04.2017 has deleted the abovestated penalty of Rs.28.73lacs which included the penalty amount pertaining to addition of Rs.67,000/- in the nature of unexplained cash credits. Learned Departmental Representative states that the above latter addition finds no mention in our order sought to be recalled. The Revenues case therefore is that our order deleting the impugned penalty to this extent suffers from an apparent mistake on record. We find no reason to accept the same. We find that our order has deleted the impugned penalty only qua the former issue of interest waiver addition amounting to Rs.77,81,667/-. Learned counsel representing assessee is also fair enough in submitting that the relevant sole substantive ground raised in main appeal nowhere challenges the impugned penalty action relevant to the latter issue of unexplained cash credits. This clinching aspect has gone unrebutted from Revenues side. We thus see no apparent mistake in our order dated 28.04.2017.
3. The Revenues miscellaneous application is therefore dismissed. [Pronounced in the open Court on this the 20th day of February, 2018.] Sd/- Sd/- (PRADIP KUMAR KEDIA) (S. S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad: Dated 20/02/2018 True Copy S.K.SINHA / Copy of Order Forwarded to:-
1. / Revenue
2. / Assessee
3. ! / Concerned CIT
4. !- / CIT (A)
5. ) ,--, , / DR, ITAT, Ahmedabad
6. 3 / Guard file. By order/ , ,