Emtici Engineering Ltd., Anand V. The ACIT.,Anand Circle, Anand

ITA 3349/AHD/2014

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 8046 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 11 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-11-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 15-12-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: M K PATEL
• Section: 154

Judgement Text

ITA NO. 3349/AHD/2014 EMTICI ENGINEERING LTD VS. ACIT A.Y. 2008-09 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD A BENCH, AHMEDABAD [CORAM: PRAMOD KUMAR AM AND MAHAVIR PRASAD JM] I.T.A. NO.3349/AHD/2014 ASSESSMENT YEAR : 2008-09 EMTICI ENGINEERING LTD .....APPELLANT ANAND SOJITRA ROAD, VALLABH VIDYANAGAR-388 120 [PAN : AAACE 4642 F] VS. ASST. COMMISSIONER OF INCOME-TAX .RESPONDENT ANAND CIRCLE, ANAND APPEARANCES BY: MKPATEL FOR THE APPELLANT JAYANT JHAVERI FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : 27.11.2017 DATE OF PRONOUNCING THE ORDER : 27.11.2017 D I C T A T E D O R D E R PER BENCH : 1. BY WAY OF THIS APPEAL, THE ASSESSEE APPELLANT CH ALLENGES CORRECTNESS OF ORDER DATED 10.09.2014 PASSED BY THE CIT(A)-IV, BARODA IN THE MATTER OF RECTIFICATION SOUGHT UNDER SECTION 154 OF THE INCOME-TAX ACT, 1961 IN TH E ORDER PASSED BY THE LD. CIT(A) ON 11.06.2012 FOR THE ASSESSMENT YEAR 2008-09. 2. GRIEVANCE RAISED BY THE ASSESSEE IS AS FOLLOWS:- THAT, ON FACTS AND IN LAW, THE LEARNED CIT(A)-IV H AS GRIEVOUSLY ERRED IN DISMISSING OUR PETITION MOVED U/S 154(2) OF THE INC OME-TAX ACT, 1961 AND CONFIRMING THE STATUTORY DISALLOWANCE TO THE TUNE O F RS.9,86,592/- PERTAINING TO PROVIDENT FUND/ESIC AMOUNT PAID AFTER GRACE PERIOD BUT BEFORE FILING OF RETURN OF INCOME U/S 139(1) OF THE ACT. 3. WHEN THIS APPEAL WAS CALLED OUT FOR HEARING, LEA RNED COUNSEL FOR THE ASSESSEE FAIRLY POINTS OUT THAT THE ISSUE IN APPEAL IS COVER ED AGAINST THE ASSESSEE BY THE JUDGEMENT OF HONBLE JURISDICTIONAL HIGH COURT IN T HE CASE CIT VS. GUJARAT STATE ROAD TRANSPORT CORPORATION (2014) 366 ITR 170 (GUJ). HE SUBMITS THAT, IN VIEW OF THE FACT ITA NO. 3349/AHD/2014 EMTICI ENGINEERING LTD VS. ACIT A.Y. 2008-09 PAGE 2 OF 2 THAT THE ISSUE IN QUESTION IS NOW CONCLUSIVELY SETT LED AGAINST THE ASSESSEE BY THE JUDGMENT OF THE HONBLE JURISDICTIONAL HIGH COURT, THE PETITION UNDER SECTION 154 WAS RIGHTLY REJECTED BY THE LEARNED CIT(A). HE, HOWEVER , POINTS OUT THAT THE APPEAL AGAINST THE SAID JUDGMENT OF THE HONBLE HIGH COURT IS NOW PENDING BEFORE THE HONBLE APEX COURT AND HE WOULD, THEREFORE, LIKE TO KEEP THE MAT TER PENDING TILL THE DECISION OF THE HONBLE APEX COURT ON THIS MATTER. LEARNED DEPARTME NTAL REPRESENTATIVE, ON THE OTHER HAND, DOES NOT HAVE MUCH TO SAY BEYOND SUBMITTING T HAT THE ISSUE IS NOW COVERED AGAINST THE ASSESSEE. 4. IN VIEW OF ABOVE DISCUSSION, WE UPHOLD THE ORDER OF THE CIT(A) REJECTING THE RECTIFICATION PETITION FILED BY THE ASSESSEE AND DE CLINE TO INTERFERE IN THE MATTER. 5. IN THE RESULT, THE APPEAL IS DISMISSED. ORDER DI CTATED AND PRONOUNCED IN THE OPEN COURT ON THIS 27 TH OF NOVEMBER, 2017. SD/- SD/- MAHAVIR PRASAD PRAMOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) AHMEDABAD, THE 27 TH DAY OF NOVEMBER, 2017 **BT* COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER TRUE COPY ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD 1. DATE OF TAKING DICTATION: .. .1 PAGE DICTATION PAD, AS DICTATED BY HONBLE AM, I S ATTACHED ....27.11.2017.. 2. DATE OF TYPING & DRAFT ORDER PLACED BEFORE THE DI CTATING MEMBER: ... 27.11.2017.................... ..... 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P.S./P.S.: ... 27.11.2017...... 4. DT. ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT: ... 27.11.2017 ............. 5. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK: . .... 29.11.2017........................ 6. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK: ..... 7. THE DT. ON WHICH THE FILE GOES TO THE ASTT. REGISTR AR FOR SIGNATURE ON THE ORDER: .................. ....... 8. DATE OF DESPATCH OF THE ORDER: ................. ........