The ITO, Ward-1(3), Bharuch V. Vedant Enterprise, Bharuch

MA 125/AHD/2016

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 5307 (ITAT-AHMEDABAD)
• Duration Of Justice: 7 month(s) 29 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-03-2017
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: Not Allotted
• Assessment Year: 2004-2005
• Appeal Filed On: 22-07-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

MA NO. 125 /AHD/201 6 (IN ITA NO.1556/AHD/2014) ASSESSMENT Y EAR: 20 04 - 05 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD A BENCH, AHMEDABAD [CORAM: PRAMOD KUMAR AM AND S.S. GODARA JM ] MA NO. 125 /AHD/201 6 (IN ITA NO.1 556 /AHD/201 4 ) ASSESSMENT YEAR: 20 04 - 05 INCOME TAX OFFICER, WARD 1, BHARUCH . . . . APPLICANT VS. VEDANT ENTERPRISE , . ... ... .. RESPONDENT BHAMWALAS , GHEE KUDIA, OPP. PATEL SQUARE MARKET, BHARUCH 392 001. [P AN: AA EFV 7057 Q ] APPEARANCES BY: G.C. DAXINI FOR THE APPLICANT M.K. PATEL FOR THE RESPONDENT DATE OF CONCLUDING THE HEA RING : 17.03.2017 DATE OF PRONOUNC ING THE ORDER : 20 .03 . 2017 O R D E R PER PRAMOD KUMAR , AM : 1. BY WAY OF TH IS MISCELLANEOUS APPLICATION, THE APPLICANT ASSESSING OFFICER POINTS OUT THAT WHILE THE TRIBUNAL HAS VIDE ORDER DATED 15.12.2015 DISMISSED THE APP EAL ON THE GROUND THAT TAX EFFECT INVOLVED IS LESS THAN RS.10 LAKHS, IN REALITY ACTUAL TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS MORE THAN RS.10 LAKHS. 2. WHEN THIS APPLICATION WAS CALLED OUT FOR HEARING, LEARNED COUNSEL FOR THE ASSESSEE FAIRLY ADMITT ED THE FACTUAL ELEMENT EMBEDDED IN THE PRESENT APPLICATION AND DID NOT OPPOSE THE APPEAL BEING RECALLED FOR ADJUDICATION AFRESH ON MERITS. MA NO. 125 /AHD/201 6 (IN ITA NO.1556/AHD/2014) ASSESSMENT Y EAR: 20 04 - 05 PAGE 2 OF 2 3. IN VIEW OF THE ABOVE DISCUSSION AND BEARING IN MIND THE FACT THAT THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS INDEED MORE THAN RS.10 LAKHS, WE HEREBY RECALL OUR ORDER DATED 15.12.201 5 AND DIRECT THE REGISTRY TO FIX THE MATTER AFRESH FOR H E ARING DENOVO ON MERITS IN DUE COURSE. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION I S ALLOWED. PRONOUNCED IN THE OPEN COURT TODAY ON 20 TH DAY OF MARCH, 201 7 . SD/ - SD/ - S.S. GODARA PRAMOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) DATED: 20 TH DAY OF MACH, 2017 . COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD