ACIT,Cent Cir, V. Shri Dilip gurudasmal Lalwani, Akola

MA 13/NAG/2009

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 3704 (ITAT-NAGPUR)
• Duration Of Justice: 6 year(s) 8 month(s) 12 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 30-10-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: misc
• Appeal Filed On: 16-02-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NARENDRA KANE

Judgement Text

1 M.A. NO. 13/NAG/2009 IN THE INCOME TAX APPELLATE TRIBUNAL, NAGPUR BENCH, NAGPUR BEFORE SHRI MUKUL K. SHRAWAT, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER. M.A. NO.13/NAG/2009 (ARISING OUT OF IT(SS)A NO.56/NAG/20 0 3) BLOCK PERIOD : 01 - 04 - 1989 TO 28 - 01 - 2000 . ASSTT. COMMISSIONER OF INCOME - TAX, SHRI DILIP GURUDASMAL LALWANI, CENTRAL CIRCLE - AKOLA. V S. AKOLA. APPLICANT. RESPONDENT. APPLICANT BY : SHRI NARENDRA KANE. RESPONDENT BY : SHRI K.P. DEWANI. DATE OF HEARING : 14 - 08 - 2015 DATE OF PRONOUNCEMENT : 30 TH OCT., 2015 O R D E R PER MUKUL K. SHRAWAT, J.M. THE REVENUE DEPARTMENT H AS FILED THIS MISCELLANEOUS APPLICATION ARISING FROM THE ORDER OF THE TRIBUNAL AS MENTIONED IN THE NOMENCLATURE HEREIN ABOVE DATED 23 - 06 2006. A RECTIFICATION WAS SOUGHT ON THE GROUND THAT THE SURCHARGE IS LEVIABLE IN THE LIGHT OF THE ORDER OF HONBLE SUPREME COURT IN THE CASE OF SURESH N. GUPTA [(2008) TIOL - 02 - SC - IT] DATED 7 TH JANUARY, 2008. AFTER H EARING THE SUBMISSIONS OF BOTH THE SIDES WE FIND NO FORCE IN THIS MISCELLANEOUS PETITION OF THE REVENUE DEPARTMENT DATED 13 TH FEBRUARY, 2009 BECAUSE OF THE REASON THAT ALTHOUGH IN THE CASE OF SURESH N. GUPTA (SUPRA) IT WAS HELD THAT THE PROVISO TO SECT ION 113 CAN BE APPLIED RETROSPECTIVELY BUT WHEN THE SAID ISSUE CAME UP BEFORE AN ANOTHER DIVISION BENCH OF THE HONBLE SUPREME COURT, THE MATTER WAS PLACED BEFORE THE HONBLE CHIEF JUSTICE OF INDIA TO CONSTITUTE A LARGER 2 M.A. NO. 13/NAG/2009 BENCH. THEREUPON A LARGER BENCH C ONSTITUTING FIVE HONBLE JUDGES OF THE HONBLE SUPREME COURT HAVE DECIDED THIS ISSUE IN THE CASE OF CIT VS. VATIKA TOWNSHIP P. LTD. 367 ITR 466(SC), ORDER DATED 15 TH SEPT., 2014 AND HELD THE ISSUE IN FAVOUR OF THE ASSESSEE. IT WAS HELD THAT SECTION 113 W AS TO BE CONSTRUED IN PROSPECTIVE OPERATION. SINCE THE VERDICT OF THE HONBLE SUPREME COURT HAS NOW BEEN PRONOUNCED, THEREFORE, THE ISSUE RAISED BY THE REVENUE DEPARTMENT AS PER THIS MISCELLANEOUS APPLICATION HAS NO FORCE. HENCE WE DISMISS THE SAME. 2. IN THE RESULT, THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 30 TH DAY OF OCT., 2015. SD/ - SD/ - ( SHAMIM YAHYA) (MUKUL K. SHRAWAT) ACCOUNTANT MEMBER. JUDICIAL MEMBER NAGPUR, DATED: 30 TH OCT., 2015. COPY FORWARDED TO : 1. SHRI DILIP GURUDASMAL LALWANI. AKOLA. . 2. ACIT, CENTRAL CIRCLE, AKOLA. 3. C.I.T., CONCERNED 4. CIT(APPEALS) - I I , NAGPUR. 5. D.R., ITAT, NAGPUR. 6. GUARD FILE TRUE COPY BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, NAGPUR BENCH, NAGPUR. WAKODE