Nirma Limited, Ahmedabad V. The Dy.CIT.,Circle-5, Ahmedabad

ITA 2069/AHD/2011

• Counselvise Citation: 206920514 RSA 2011
• Duration Of Justice: 3 year(s) 7 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-03-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 26-03-2015
• Assessment Year: 1996-1997
• Appeal Filed On: 19-08-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: DINESH SINGH SR D R
• Section: 244A; 154

Judgement Text

, , , , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, AHMEDABAD BEFORE SHRI G.D. AGRAWAL, VICE PRESIDENT AND SHRI RAJPAL YADAV, JUDICIAL MEMBER ./ ././ ./ ITA NO. 2069/AHD/2011 / ASSESSMENT YEAR: 1996-97 NIRMA LIMITED, NIRMA HOUSE, ASHRAM ROAD, AHMEDABAD PAN : AAACN 5350 K DCIT, CIRCLE-5, AHMEDABAD / // / (APPELLANT) !' !' !' !' / // / (RESPONDENT) ASSESSEE(S) BY : SHRI S.N. SOPARKAR, SR. ADVOCATE REVENUE BY : SHRI DINESH SINGH, SR. DR. #$ % &'(/ // / DATE OF HEARING : 26/03/2015 )* % &'( / // / DATE OF PRONOUNCEMENT: 27/03/2015 +, +, +, +,/ // / O R D E R PER G.D. AGRAWAL, VICE PRESIDENT: THIS IS AN APPEAL FILED BY THE ASSESSEE AND IS DIRE CTED AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME-TAX(APPEALS )-XI, AHMEDABAD DATED 15.06.2011 PERTAINING TO THE ASSESSMENT YEAR 1996-97. 2. AT THE TIME OF HEARING BEFORE US, IT IS SUBMITTE D BY THE LD. COUNSEL THAT FOR ASSESSMENT YEAR 1996-97 THE ASSESSING OFFI CER PASSED AN ORDER GIVING EFFECT TO THE ORDER OF THE CIT(A) DATED 01.0 1.2002 ON 12.02.2002 WHEREBY INTEREST U/S 244A OF THE ACT WAS GRANTED. S UBSEQUENTLY, THE ASSESSING OFFICER BY PASSING AN ORDER U/S 154 ON 16 .02.2004 WITHDREW THE INTEREST GRANTED U/S 244A VIDE ORDER DATED 12.02.20 02. THAT THE ASSESSEE FILED AN APPEAL AGAINST THE ORDER U/S 154 AND WAS U NSUCCESSFUL BEFORE THE CIT(A). THEREAFTER, THE ASSESSEE FILED APPEAL BEFO RE THE ITAT, WHICH BY ITA NO. 2069/AHD/2011 NIRMA LIMITED VS. DCIT AY 1996-97 2 ORDER DATED 12.11.2008 IN ITA NO.3019/AHD/2004 CAME TO THE CONCLUSION THAT THE ORDER OF THE ASSESSING OFFICER U/S 154 WIT HDRAWING THE INTEREST GRANTED U/S 244A WAS ILLEGAL. THE ASSESSING OFFICER VIDE ORDER DATED 15.01.2009 GAVE EFFECT TO THE ORDER OF THE ITAT, WH EREBY INTEREST U/S 244A OF RS.75,00,281/- WAS GRANTED. HOWEVER, NO INTEREST ON INTEREST WAS GRANTED FOR THE PERIOD FOR WHICH THE AMOUNT OF RS.75,00,281 /- WAS WITHHELD BY THE REVENUE. THEREAFTER, THE ASSESSEE FILED APPLICATION U/S 154 ON 10.02.2009. COPY OF THE APPLICATION U/S 154 IS PLACED AT PAGE N O.115 OF THE ASSESSEES PAPER-BOOK. HE SUBMITTED THAT DESPITE LAPSE OF SIX YEARS FROM THE FILING OF THE APPLICATION U/S 154, THE ASSESSING OFFICER HAD NOT PASSED ANY ORDER THEREON. THE CIT(A) HAS NOT ADMITTED THE ASSESSEE S APPEAL AGAINST THE ORDER OF THE ASSESSING OFFICER DATED 19.01.2009. T HUS, THE ASSESSEE HAS BEEN LEFT WITH NO REMEDY. HE, THEREFORE, SUBMITTED THAT THE CIT(A) SHOULD BE DIRECTED TO ENTERTAIN THE APPEAL OR THE ASSESSING O FFICER MAY BE DIRECTED TO DISPOSE OF THE ASSESSEES APPLICATION U/S 154. 3. THE LD. DR, ON THE OTHER HAND, STATED THAT THE R EVENUE WOULD HAVE NO OBJECTION IN THE DIRECTION BEING ISSUED BY THE ITAT THAT THE ASSESSEES APPLICATION U/S 154 MAY BE DISPOSED OF EXPEDITIOUSL Y. HE, THEREFORE, SUBMITTED THAT THE BENCH MAY ISSUE THE DIRECTION TO THE ASSESSING OFFICER FOR DISPOSING OF THE APPLICATION U/S 154 WITHIN THE TIME LIMIT AS MAY BE SET OUT BY THE BENCH. WITH THESE DIRECTIONS, THE ASSESS EES PRESENT APPEAL MAY BE DISMISSED AS INFRUCTUOUS. 4. IN THE REJOINDER, THE LD. COUNSEL FOR THE ASSESS EE HAS NO OBJECTION TO THE REVENUES ABOVE REQUEST. ON THE OTHER HAND, HE STATED THAT THE ASSESSEES APPEAL MAY BE TREATED AS WITHDRAWN AND T HE ASSESSING OFFICER MAY BE DIRECTED TO DISPOSE OF THE ASSESSEES APPLIC ATION U/S 154 EXPEDITIOUSLY. ITA NO. 2069/AHD/2011 NIRMA LIMITED VS. DCIT AY 1996-97 3 5. AFTER CONSIDERING THE ARGUMENTS OF BOTH THE SIDE S AND THE FACTS OF THE CASE, WE DEEM IT PROPER TO DIRECT THE ASSESSING OFF ICER TO DISPOSE OF THE ASSESSEES APPLICATION FILED U/S 154 FOR ASSESSMENT YEAR 1996-97 WITHIN THREE MONTHS FROM THE DATE OF SERVICE OF THIS ORDER . SUBJECT TO ABOVE, THE ASSESSEES APPEAL IS TREATED AS WITHDRAWN AND DISMI SSED AS SUCH. 6. IN THE RESULT, ASSESSEES APPEAL IS DISPOSED OF PRO TANTO. ORDER PRONOUNCED IN THE COURT ON 27 TH MARCH, 2015 AT AHMEDABAD. SD/- SD/- (RAJPAL YADAV) JUDICIAL MEMBER (G.D. AGRAWAL) VICE-PRESIDENT AHMEDABAD; DATED 27/03/2015 BIJU T., PS +, % !&- .+-& +, % !&- .+-& +, % !&- .+-& +, % !&- .+-&/ COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. !' / THE RESPONDENT. 3. & #/ / CONCERNED CIT 4. #/ ( ) / THE CIT(A) - X I, AHMEDABAD 5. -23 !& , , / DR, ITAT, AHMEDABAD 6. 34 5$ / GUARD FILE . +,# +,# +,# +,# / BY ORDER, TRUE COPY 6 66 6/ // / 7 7 7 7 ( DY./ASSTT.REGISTRAR) , , , , / ITAT, AHMEDABAD