M.As. Nos.15/LB and 16/LB of 2004, decided on 21st August, 2004. Versus M.As. Nos.15/LB and 16/LB of 2004, decided on 21st August, 2004.
ORDER
1. These two miscellaneous applications have been filed by the assessee-applicant for the assessment years 2000-2001 and 2001-2002 for the recall of the Tribunal's order passed on 18-12-2003 vide I.T.A. Nos.4329 and 4328/LB/2002 (assessment years 2000-2001 and 2001-2002).
2. Both the parties have been heard and available record perused.
3. Brief and relevant facts leading to these two miscellaneous applications are that the main appeals in this case were passed on A 18-12-2003 by the Income Tax Appellate Tribunal wherein the appeals of the assessee-applicant were rejected with the following finding:--
4. " .. After perusing the orders passed by the Authorities below, we are inclined to confirm the relief as accorded by the learned CIT(Appeals) for the reasons as cited by the learned CIT(Appeals) in his order for the assessment years 2000-2001 and 2001-2002 and we are not inclined to further interfere in the order of the learned CIT(Appeals) which is accordingly confirmed for both the assessment years under appeal."
5. And now the assessee-applicant has filed these miscellaneous applications for the recall of the ITAT order passed on 18-12-2003 on the plea that the ITAT had materially erred to process the estimation of sales. Hence, was not justified to reject the appeals of the assessee-applicant on this ground.
6. The AR of the applicant has argued before us that return for the assessment year 2000-2001 was filed under SAS but processed under normal law due to late submission of documents. The AR further argued that ITO failed to pass any order for exclusion of applicant's return from the ambit of SAS hence was not justified to process the same under normal law. The AR further pleaded that ITI's report was based on belated inquiry and was not relevant to the same, so the ITO was inadvertently drawn inference for estimation of sales. The AR Of the applicant has strengthened all these submissions by citing the following case-laws of superior Courts reported as: 1991 PTD 968, 2002 PTD 407, 2003 PTD (Trib.) 1948, 1995 PTD 1087; 1989 MLD 3215 and PLD 1954 SC 191.
7. We have looked into the matter from all its pertinent aspects and we are of the considered opinion that it is necessary to examine the relevant assessment record and all the other material evidence for a clear finding regarding the contentions of the assessee-applicant as raised in the main appeals for the assessment years 2000-2001 and 200172002. So, we hereby recall the ITAT order passed on 18-12-2003 vide I.T.As. Nos. 4329 .and 4328/LB of 2003 (Assessment years 2000-2001 and 2001-2002) with the direction that the relevant assessment record in this B case is duly produced before the ITAT on the date of hearing of the main appeals so that the exact position in this case may be adopted for the disposal of the main appeal on factual position of law and ground realities in view of which the miscellaneous applications filed by the assessee-applicant are hereby accepted accordingly.
8. With this conclusion, the miscellaneous applications filed by the assessee - applicant are succeeds in the manner as dilated above.
9. H.B.T./453/Tax (Trib.) Application accepted.