M/s. Gujarat Carbon & Industries Ltd., Baroda V. The ACIT.,Circle-1(1), Baroda

ITA 1158/AHD/2011

• Counselvise Citation: 115820514 RSA 2011
• Duration Of Justice: 4 year(s) 3 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-07-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Next Hearing Date: 23-07-2015
• Assessment Year: 2004-2005
• Appeal Filed On: 19-04-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KAMLESH MAKWANA
• Assessee Lawyers: NIKITA BRAHMBHATT
• Section: 143(3)

Judgement Text

I.T.A. NO.: 1158/AHD/2011 ASSESSMENT YEAR: 2004-05 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD D BENCH, AHMEDABAD [CORAM: PRAMOD KUMAR AM AND S.S. GODARA JM] I.T.A. NO.: 1158/AHD/2011 ASSESSMENT YEAR: 2004-05 GUJARAT CARBON INDUSTRIES LTD., 6 TH FLOOR, OFTEL TOWER, R.C. DUTT ROAD, BARODA ....................APPELLANT PAN AACG 7273L VS. ASSTT. C.I.T. -1(1),, AAYAKAR BHAVAN, RACE COURSE, BARODA. . .RESPONDENT APPEARANCES BY: NIKITA BRAHMBHATT.....FOR THE APPELLANT KAMLESH MAKWANA... F OR THE RESPONDENT DATE OF CONCLUDING THE HEARING: JULY 23, 2015 DATE OF PRONOUNCING THE ORDER: JULY 24, 2015 O R D E R PER PRAMOD KUMAR, AM: BY WAY OF THIS APPEAL, THE ASSESSEE APPELLANT HAS C HALLENGED CORRECTNESS OF ORDER DATED 9.2.2011 PASSED BY THE L EARNED CIT(A) IN THE MATTER OF ASSESSMENT UNDER SECTION 143(3) OF THE IN COME-TAX ACT, 1961 FOR THE ASSESSMENT YEAR 2004-05 2. WHEN THIS APPEAL WAS CALLED OUT FOR HEARING, LEA RNED COUNSEL FOR THE ASSESSEE POINTS OUT THAT THE IMPUGNED CIT(A)S ORDE R IS AN EX PARTE ORDER WHICH WAS PASSED AS SUCH BECAUSE THE ASSESSEE COMPA NY HAD SHUT DOWN BUSINESS. SHE PRAYS THAT THE MATTER BE RESTORED TO THE FILE OF THE CIT(A), FOR ADJUDICATION AFTER GIVING THE ASSESSEE ONE MORE OPP ORTUNITY OF HEARING. SHE I.T.A. NO.: 1158/AHD/2011 ASSESSMENT YEAR: 2004-05 PAGE 2 OF 2 SUBMITS THAT THE ASSESSEE WILL FULLY CO-OPERATE IN EXPEDITIOUS DISPOSAL OF THE REMANDED MATTER AND ENSURE THAT THIS OPPORTUNITY IS PROPERLY AVAILALED. 3. LEARNED DEPARTMENTAL REPRESENTATIVE FAIRLY STATE S THAT HE HAS NO OBJECTION TO THE MATTER BEING RESTORED TO THE FILE OF THE CIT(A), EVEN THOUGH HE SUPPORTS THE ACTION OF THE AUTHORITIES BELOW ON MERITS. 4. IN A CAREFUL CONSIDERATION OF THE FACTS OF THE C ASE AND THE RIVAL CONTENTIONS, WE ARE INCLINED TO ACCEPT THE CONTENTI ONS OF THE LEARNED COUNSEL. ACCORDINGLY, THE MATTER IS RESTORED TO THE FILE OF THE CIT(A) FOR FRESH ADJUDICATION ON MERITS AFTER GIVING THE ASSESSEE YE T ANOTHER OPPORTUNITY OF HEARING IN ACCORDANCE WITH THE LAW AND BY WAY OF A SPEAKING ORDER. WE DIRECT THE ASSESSEE TO FULLY COOPERATE IN EXPEDITIOUS DISP OSAL OF REMANDED MATTER AND NOT TO RESORT TO ANY DELAYING TACTICS, OR ELSE THE CIT(A) WILL BE AT LIBERTY TO DECIDE THE MATTER ON THE BASIS OF MATERIAL ON RECOR D. WITH THESE OBSERVATIONS, THE MATTER STANDS RESTORED TO THE FILE OF THE CIT(A ). 5. IN THE RESULT, THE APPEAL IS ALLOWED FOR STATIST ICAL PURPOSES IN THE TERMS INDICATED ABOVE. PRONOUNCED IN THE OPEN COURT ON 24 TH DAY OF JULY, 2015. SD/- SD/- S.S. GODARA PRAMOD KUMAR (JUDICIAL MEMBER) (AC COUNTANT MEMBER) AHMEDABAD, THE 24 TH DAY OF JULY, 2015 COPIES TO: (1) THE APPELLANT (2) THE RESPON DENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ETC ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD