Appeal Details
Counselvise Citation
[2015] 124 COUNSELVISE.COM (IT) 3032 (ITAT-JABALPUR)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
3 year(s) 3 month(s) 23 day(s)
Appellant
Respondent
Appeal Type
Miscellaneous Application
Pronouncement Date
22-05-2015
Appeal Filed By
Assessee
Bench Allotted
DB
Assessment Year
2006-2007
Appeal Filed On
30-01-2012
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL , JABALPUR BENCH, JABALPUR [BEFORE SHRI D.T GARASIA, JM & SHRI B.C.MEENA , AM ] MISCELLANEOUS APPLICATION NO . 11 / JAB /201 2 [ARISING OUT OF ITA NO. 156/JAB /2006 A Y 2002 - 03 ] ASSTT. COMMISSIONER OF INCOME , VS. M/S. BIRLA ER R IC SSION OPTICAL LIMITED SATNA REWA, PAN:AABCB1380L ( APPLICANT) ( RESPONDENT ) FOR THE APPLICANT: SHRI D.R. LATHORIYA, LD.DR FOR THE RESPONDENT : SH RI A.P. SRIVASTAVA , LD.AR DATE OF HEARING: 22 - 05 - 2015 DATE OF PRONOUNCEMENT: 22 - 05 - 2015 ORDER PER SHRI D.T GARASIA, JM THE DEPARTMENT HAS FILED TH IS MISCELLANEOUS APPLICATION U/S. 254 (2) OF THE I.T ACT 1961 ON THE ISSUE OF INT EREST OF RS.7,38,798/ - FOR THE PURPOSE OF DEDUCTION U/S. 80IB OF THE ACT . A S PER THE TRIBUNAL THIS ISSUE WAS ADJUDICATED BY THE LD.CIT(A) FOLLOWING HIS ORDER FOR THE A.Y 2001 - 02 AND NOTHING WAS PLACED BEFORE THE TRIBUNAL WITH REGARD TO THE FATE OF THE ORDE R OF THE LD.CIT(A) FOR A.Y 2001 - 02. THEREFORE, ON GROUND OF MERIT THE TRIBUNAL REJECTED THE SAME BY DISMISSING THE DEPARTMENTAL APPEAL IN ITA NO.156/JAB/06 VIDE ORDER DATED 27 - 03 - 2012 . ON PERUSAL OF THE ORD E R DATED 18 - 10 - 2007 OF THE TRIBUNAL IN ITA NO.06 /JAB/2007 , IT IS SEEN THAT THE ITAT HAS FOLLOWED THE DECISION OF THE HON BLE SUPREME IN THE CASE OF PANDIAN CHEMICALS (SUPRA) AND ALLOWED THE APPEAL OF THE REVENUE . IN THIS CASE THE ORDER OF THE LD.CIT(A) WAS SET ASIDE AND THAT OF THE A.O. WAS RESTORED IN RESPECT OF CALCULATION OF DEDUCTION U/S.80IB. ON FURTHER PERUSAL OF THE ORDER DATED 27 - 3 - 2012 IN ITA NO.156/JAB/2006 FOR A.Y 2002 - 03 IN THE CASE OF ACIT, SATNA VS. BIRLA ERICSSON OPTICAL LIMITED, IT SEEMS THAT TRIBUNAL HAS ERRED IN LAW IN NOT FOLLOWING IT S EARLIER ORDER DATED 18 - 10 - 2007 IN CASE OF ITA NO.06/JAB/2007 AND ADJUDICATED THE MATTER WITHOUT TAKING CONSIDERATION AND ALLOWED THE APPEAL OF THE ASSESSEE IN ITA NO.156/JAB/06 A.Y 2002 - 03 VIDE ORDER DATED 27 - 3 - 2012. THIS IS RESULTED IN A MISTAKE IN THE ORDER DATED 27 - 3 - 2012, WHICH IS RECTIFIABLE U/S. 254(2) OF THE ACT BY THE ITAT. THE TRIBUNAL VIDE ORDER DATED 27 - 3 - 2012 DISMISSED THE APPEAL OF REVENUE ON THE GROUND THAT THE LD.CIT(A) HAS NOT BROUGHT ANY DECISION WHAT WAS THE OUT COME OF THE ORDER FOR A.Y 2001 - 02 . 2. DURING THE COURSE OF HEARING BEFORE US THE LD.AR FOR THE ASSESSEE HAS DRAWN OUR ATTENTION THAT THE DEPARTMENT HAS ALREADY FILED APPEAL BEFORE THE HON BLE JURISDICTIONAL HIGH COURT IN RESPECT OF INTEREST INCOME OF RS. 7,38,798/ - FOR COMPUTATION OF DEDUCTION U/S. 80IB OF THE ACT CHALLENGING THE ORDER DATED 27 - 03 - 2012 OF THE TRIBUNAL. THE HON BLE HIGH COURT HAS ALREADY MISC. APPLICATION NO . 11 /JAB/2012 ACIT,C - SATNA VS. M/S. BIRLA ERICSSION OPTICAL LTD 2 ADMITTED THE DEPARTMENT S APPEAL AND THE MATTER IS PENDING FOR DISPOSAL. THUS, THE LD.AR PRAYED BEFORE US THAT THIS MISC. APPLICATI ON FILED BY THE DEPARTMENT MAY BE DISMISSED. 3. WE HAVE HEARD THE RIVAL CONTENTIONS OF BOTH THE PARTIES AND GONE THROUGH THE RECORD CAREFULLY. LOOKING TO THE FACTS AND CIRCUMSTANCES OF THE CASE, WE FIND THAT IN ITA NO.06/ JAB/07 THE ITAT HAS FOLLOWED THE DECISION OF THE HON BLE SUPREME COURT IN THE CASE OF M/S. PANDIAN CHEMICALS (SUPRA) AND ALLOWED THE APPEAL OF THE REVENUE. THE ORDER OF THE LD.CITA) WAS SET ASIDE BY THE TRIBUNAL AND RESTORED THE ORDER OF THE A.O. FOR CALCULATION OF DEDUCTION U/S.80IB IN R ESPECT OF INTEREST INCOME U/S. 80IB . IN ITA NO.156/JAB/2006 IN THE CASE OF M/S. BIRLA ERRICSSION OPTICAL LTD. THE DEPARTMENT WAS NOT ABLE TO POINT OUT WHAT HAPPENED IN A.Y 01 - 02 . THEREFORE, THE DEPARTMENTAL APPEAL WAS DISMISSED. HOWEVER, IT IS A FIT CAS E FOR RECALLING THE EARLIER ORDER DATED 27 - 03 - 2012 BY FOLLOWING THE DECISION OF THE HON BLE SUPREME COURT IN THE CASE OF ACIT VS. SOURASTHTRA KUTCH STOCK EXCHANGE REPORTED IN 305 ITR 227(SC) . RESPECTFULLY FOLLOWING THE SAME, WE ALLOW THIS MISC. APPLICATION FILED BY THE DEPARTMENT . THE REGISTRY IS DIRECTED TO FIX THE CASE IN THE NORMAL COURSE OF HEARING BY ISSU ING NOTICES TO THE RESPECTIVE PARTIES. 4 . IN THE RESULT, THE MISC. APPLICATION FILED BY THE DEPARTMENT STAND ALLOWED . ORDER IS PRONOUNCED IN THE OPE N COURT ON 22 - 05 - 2015 SD/ - SD/ - ( B.C. MEENA ) ( D.T GARASIA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 22 - 05 - 2015 **PRADIP (SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1 . A P PELLANT 2 RESPONDENT 3 . THE CIT(A) CONCERNED 4. 5. THE CIT CONCERNED THE D . R 6. GUARD FILE TRUE COPY, BY ORDER, ASSTT. REGISTRAR . MISC. APPLICATION NO . 11 /JAB/2012 ACIT,C - SATNA VS. M/S. BIRLA ERICSSION OPTICAL LTD 3
