THE ACIT, CEN.CIR.-1, V. M/S. KIRAN SHIPPING AGENCIES P. LTD., GANDHIDHAM

ITSSA 87/RJT/2003

• Counselvise Citation: [2012] 121 COUNSELVISE.COM (IT) 8045 (ITAT-RAJKOT)
• Duration Of Justice: 8 year(s) 8 month(s) 5 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 20-04-2012
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 17-04-2012
• Assessment Year: misc
• Appeal Filed On: 14-08-2003
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PREM PRAKASH

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBULAL; RAJKOT BENCH, RAJKOT. . .. . . . . . , , , , . .. . . . . . , , , , $ $ $ $ BEFORE SHRI T. K. SHARMA, JM AND SHRI D. K. S RIVASTAVA, AM. IT(SS) NO.87/RJT/2003. / ASSESSMENT YEAR BLOCK PERIOD ENDING 17-01-2001. / V/S. THE ASSTT. C.I. T., CENTRAL CIRCLE-1, RAJKOT. ( +/ APPELLANT) M/S.KIRAN SHIPPING AGENCIES P.LTD., SHOP NO.17, AGRAWAL BHAVAN,GANDHIDHAM. PAN: AAABK0043K. ( ,-+/ RESPONDENT) . / REVENUE BY SHRI PREM PRAKASH, D. R. 0. / ASSESSEE BY SHRI SANJAY R. SHAH,, C.A. . / DATE OF HEARING 17-04-2012 . / DATE OF PRONOUNCEMENT 20 - 04-2012 / / / / ORDER . .. . . . . . , , , , / T. K. SHARMA, J. M. : THIS APPEAL OF THE REVENUE WAS EARLIER DISPOSED OFF VIDE ORDER DATED 24-10-200 8 . SUBSEQUENTLY, ON MISCELLANEOUS APPLICATION OF REVENUE, VIDE ORDER DA TED 21-11-2011 IN M.A. NO.31/RJT/2011, THIS ORDER WAS RECALLED FOR DECIDIN G THE GROUND NO.3 AS IT WAS NOT ADJUDICATED BY THE TRIBUNAL IN ORDER DATED 24-10-20 08. 2. THE GROUND NO.3 OF REVENUE READS AS UNDER:- III) THE LD. CIT(A) HAS ERRED IN LAW AND ON FACTS IN DIRECTING NOT TO LEVY SURCHARGE. IT(SS) NO 87/R JT/2003.. 2 3. WE HAVE HEARD BOTH SIDES. THE HONBLE SUPREME CO URT IN THE CASE OF CIT VS. SURESH N. GUPTA REPORTED IN (2008) 214 CTR (SC) 274 HELD THAT PROVISO APPENDED TO SEC. 113 OF THE I. T. ACT IS CLARIFICAT ORY AND/OR CURATIVE IN NATURE. THE SAID PROVISO HAD COME INTO FORCE W.E.F. 1 ST JUNE,2002. AS PER THIS JUDGMENT, SURCHARGE IS LEVIABLE IN RESPECT OF ALL THE SEARCH WHICH TOOK PLACE EVEN PRIOR TO 01-06-2002. FOLLOWING THIS JUDGMENT OF HON;BLE SUP REME COURT, WE REVERSE THE ORDER OF LD. CIT(A) AND HOLD THAT SURCHARGE U/S.113 OF THE I.T. ACT IS RIGHTLY LEVIED BY AO FOR THE BLOCK PERIOD UNDER APPEAL. 4. IN THE RESULT, GROUND NO.3 OF REVENUE IS ALLOWED . . 5 20/04/2012 7 . THIS ORDER PRONOUNCED IN OPEN COURT ON 20/04/2012. SD-/ SD-/ ( .. / D. K. SRIVASTAVA) ( .. / T. K. SHARMA) / ACCOUNTANT MEMBER /JUDICIAL MEMBER 5/ ORDER DATE 20/04/2012. /RAJKOT . .. . ,9 ,9 ,9 ,9 :9 :9 :9 :9 / COPY OF ORDER FORWARDED TO:- 1. + / APPELLANT-THEASSTT..C.I.T., CENTRAL CIRCLE-1, RA JKOT.. 2. ,-+ / RESPONDENT-M/S. KIRAN SHIPPING AGENCIES P. LTD., GANDHIDHAM. 3. > / CONCERNED CIT- 4. >- / CIT (A)-IV, AHMEDABAD. 5. 9 ,, , / DR, ITAT, RAJKOT 6. / GUARD FILE. / BY ORDER , ASSTT. REGISTRAR , INCOME TAX APPELLATE TRIBUNAL, RAJKOT.