The Gujarat State Co-op. Consumer Federation Ltd., Ahmedabad V. Income Tax Officer, Ward-10(2), Ahmedabad

MA 111/AHD/2017

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6148 (ITAT-AHMEDABAD)
• Duration Of Justice: 10 month(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 26-02-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 11-04-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUMIT KUMAR VARMA
• Assessee Lawyers: S N DIVATIA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD A BENCH AHMEDABAD BEFORE, SHRI PRAMOD KUMAR , ACCOUNTANT MEMBER AND SHRI S. S. GODARA, JUDICIAL MEMBER M.A . NO. 111/AHD/2017 (IN ITA NO. 674/AHD/2016) (ASSESSMENT YEAR: 2011-12) GUJARAT STATE CO.OP. CONSUMER FEDERATION LTD., 2 ND FLOOR, HASUBHAI CHAMBERS, B/H TOWN HALL, ELLISBRIDGE, AHMEDABAD APP ELLANT VS. INCOME TAX OFFICER, WARD 10(2), AHMEDABAD RESPONDENT PAN: AAAAG0880H /BY ASSESSEE : SHRI S. N. DIVATIA, A.R. /BY REVENUE : SHRI SUMIT KUMAR VARMA, SR. DR /DATE OF HEARING : 01.12.2017 /DATE OF PRONOUNCEMENT : 26.02.2018 ORDER PER S. S. GODARA, JUDICIAL MEMBER THIS ASSESSEE HAS PREFERRED THIS INSTANT MISCELLANE OUS APPLICATION U/S. 254(2) OF THE INCOME TAX ACT, 1961, IN SHORT THE ACT SEE KS TO RECALL/RECTIFY OUR ORDER DATED 29.06.2016. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. THE ASSESSEES SOLE SUBSTANTIVE GRIEVANCE SEEKS TO RECALL/RECTIFY OUR ABOVESTATED ORDER AFFIRMING THE CIT(A)S FINDING TH AT THE ASSESSING OFFICER HAD M. A. NO. 111/AHD/2017 (GUJARAT STATE CO.OP. CONSUM ER FEDERATION LTD. VS. ITO) A.Y. 2011-12 - 2 - NOWHERE DISALLOWED ITS SECTION 80P DEDUCTION CLAIM SO AS TO GIVE RISE TO CORRESPONDING ISSUE IN LOWER APPELLATE PROCEEDINGS. THE CIT(A) HAS THEREFORE DECLINED TO ENTERTAIN THE SAID SUBSTANTIVE GROUND. IT HOWEVER EMERGES FROM ASSESSEES COMPUTATION OF INCOME THAT IT HAD VERY M UCH RAISED THE ABOVESTATED DEDUCTION CLAIM UNDER CHAPTER VI-A OF THE ACT WHICH WAS NOT EXPRESSLY ALLOWED IN ASSESSMENT ORDER DATED 10.03.2014. LEARNED CIT(A) HAS FAILED TO CONSIDER THIS CRUCIAL ASPECT IN HIS ORDER UNDER CHALLENGE DATED 1 2.01.2016 IN MAIN APPEAL. WE THEREFORE TREAT IT AS A FIT CASE TO EXERCISE OUR RE CALL/RECTIFICATION JURISDICTION U/S.254(2) OF THE ACT AS OUR ABOVE ORDER DOES SUFFE R FROM APPARENT ERROR IN NOT TAKING NOTICE OF THE MATERIAL EVIDENCE ON RECORD. WE ACCORDINGLY RECALL OUR ORDER DATED 29.06.2016 TO LIMITED EXTENT OF NON ADJUDICAT ION OF ASSESSEES SUBSTANTIVE GROUND NO. 3.1 RAISED IN THE MAIN APPEAL. THE SAME SHALL NOW COME UP FOR HEARING QUA THE LIMITED ISSUE OF SECTION 80P IN QUESTION ON LY. BOTH PARTIES BE CONFIRMED. 3. THIS ASSESSEES MISCELLANEOUS APPLICATION IS ACC EPTED IN ABOVE TERMS. [PRONOUNCED IN THE OPEN COURT ON THIS THE 26 TH DAY OF FEBRUARY, 2018.] ( PRAMOD KUMAR ) (S . S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD: DATED 26/02/2018 TRUE COPY S.K.SINHA / COPY OF ORDER FORWARDED TO:- / REVENUE 2 / ASSESSEE ! / CONCERNED CIT 4 !- / CIT (A) ( )*+ ,--. . /0 / DR, ITAT, AHMEDABAD 1 +23 45 / GUARD FILE. BY ORDER / . // . /0