M/S SHYAM GRUH NIRMAN SANSTHA, Ujjain V. THE DCIT CIRCLE 2(1), Ujjain

MA 03/Ind/2018

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6750 (ITAT-INDORE)
• Duration Of Justice: 3 month(s) 16 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-06-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2004-2005
• Appeal Filed On: 20-02-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE , , BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER AND SHRI MANISH BORAD, ACCOUNTANT MEMBER / M.A. NO. 03 /IND/201 8 . . . / I.T.A. NO . 35 /IND/201 5 [ [ / ASSESSMENT YEAR : 200 4 - 05 SH YAM GRUH NIRMAN SANSTHA, UJJAIN VS. DCIT, CIRCLE 2(1), UJJAIN / APPL ICANT / RESPONDENT . . ./ PAN : A ACAS3269C / APPL ICANT BY : SMT. SONAM KHANDELWAL , C. A. / RESPONDENT BY : SHRI SATISH SOLANKI, DR / DATE OF HEARING : 1 .0 6 .2018. / DATE OF PRONOUNCEMENT : 07 .0 6 .2018 SHYAM GRUH NIRMAN SANSTHA, UJJAIN 2 2 / O R D E R PER KUL BHARAT, J.M. : THIS MISCELLANEOUS APPLICATION U/S 254(2) OF THE ACT IS PREFERRED BY THE ASSESSEE. 2. L D. COUNSEL FOR THE ASSESSEE SUBMITTED A REPRESENTATION , WHICH READS AS UNDER : - AS APPLICATION U/S 254(2) FOR ASSESSMENT YEAR 2004 - 05 WAS FILED ON 20.02.2018 FOR RECTIFICATION IN ORDER PASSED ON 08.02.2016, AS THE APPLICATION HAS BEEN FILED WITHIN TIME PERIOD MENTIONED IN THE ABOVE SECTION I.E. WITHIN FOUR YEARS FROM THE DATE OF PASSING THE ORDER. RECTIFICATION IN THE ABOVE SECTION VIA AMENDMENT BY FINANCE ACT 2016, WHICH IS AS FOLLOW : - AMENDMENT OF SECTION 254. 96. IN SECTION 254 OF THE INCOME - TAX ACT , W.E.F. THE 1 ST DAY OF JUNE, 2016, - (A) IN SUB - SECTION (2), FOR THE WORDS FOUR YEARS FROM THE DATE OF THE ORDER, THE WORDS SIX SHYAM GRUH NIRMAN SANSTHA, UJJAIN 3 3 MONTHS FROM THE END OF THE MONTH IN WHICH THE ORDER WAS PASSED SHALL BE SUBSTITUTED. (B) IN SUB - SECTION (2A), THE WORDS, BRACKETS, FIGURE AND LETTER OR SUB - SECTIO N (2A) SHALL BE OMITTED. . SO THE ABOVE AMENDMENT APPLIES TO THE ORDER PASSED ON OR AFTER THE DATE OF THE ABOVE NOTIFICATION WHICH IS 01.06.2016. IN THE ABOVE CASE DATE OF THE ORDER WAS 08.02.2016, WHICH IS PASSED PRIOR TO THE ABOVE NOTIFICATION, HENCE AP PLICATION U/S 254(2) HAS TO BE CONSIDERED. WE ARE MENTIONING BELOW CASE LAW ON THIS MATTER : - DISTT. CENTRAL COOP BANK LTD, RAISEN VS. UNION OF INDIA, DELIVERED ON 9 TH OCTOBER, 2017 . 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND HAVE GONE THROUGH THE ORDER PASSED BY THE HON'BLE JURISDICITONAL HIGH COURT IN W.P.NO.4144 /2017 IN THE CASE OF DISTRICT CENTRAL CO - OP. BANK LIMITED, RAISEN. IN VIEW OF THE DECISION PASSED BY THE HON'BLE SHYAM GRUH NIRMAN SANSTHA, UJJAIN 4 4 JURISDICTIONAL HIGH COURT, WE ALLOW THE MISC. APPLICATION. W E RECALL T HE EX - PARTE ORDER OF THE TRIBUNAL DATED 08 . 02 .201 6 . 4. THE REGISTRY IS DIRECTED TO REFIX THE APPEAL OF THE ASSESSEE IN DUE COURSE OF TIME. 5. IN THE RESULT, THE MISC. APPLICATION IS ALLOWED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 0 7 . 0 6 .201 8 . S D / - ( ) S D / - ( ) (MANISH BORAD) (KUL BHARAT ) ACCOUNTANT MEMBER JUDICIAL MEMBER INDORE; DATED : 0 7 /0 6 /2018 CPU / SPS COPY TO: ASSESSEE/AO/PR. CIT/ CIT (A)/ITAT (DR)/GUARD FILE. BY ORDER PRIVATE SECRETARY/DDO, INDORE