Atul Limited, Ahmedabad V. The DY.CIT,(OSD), Ahmedabad Range-1, Ahmedabad

MA 133/AHD/2012

• Counselvise Citation: [2013] 123 COUNSELVISE.COM (IT) 9905 (ITAT-AHMEDABAD)
• Duration Of Justice: 8 month(s) 6 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 22-03-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2002-2003
• Appeal Filed On: 16-07-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T SANKAR SRDR
• Assessee Lawyers: S N SOPARKAR SRAR; URVESHI SHODHAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH D AHMEDABAD BEFORE SHRI A.K.GARODIA, ACCOUNTANT MEMBER AND SHRI KUL BHARAT, JUDICIAL MEMBER (MISC. APPLICATION) M.A.NO.133/AHD/2012 (A/O ITA846/AHD/2006 / // / ASSESSMENT YEAR :-2002-03 ATUL LIMITED, 3 RD FLOOR, ASHOKA CHAMBERS, RASALA MARG, ELLISBRIDGE, AHMEDABAD [ PAN NO.AABCA 2390M ] V/S . DY.COMM. INCOME TAX (OSD), RANGE-1, AHMEDABAD (ORIGINAL APPELLANT) (ORIGINAL RESPONDENT) (APPELLANT) .. (RESPONDENT) /BY APPELLANT SHRI S.N.SOPARKAR, SR-AR & SMT. URVESHI SHODHAN, AR /BY RESPONDENT SHRI T. SANKAR, SR-DR ! /DATE OF HEARING 01-02-2013 '# ! /DATE OF PRONOUNCEMENT 22-03-2013 $ $ $ $ / // / O R D E R PER KUL BHARAT, JUDICIAL MEMBER:- THIS MISCELLANEOUS APPLICATION (MA) IS FILED BY THE ASSESSEE CONTENDING THEREIN THAT AS PER THE IMPUGNED TRIBUNA L ORDER, THE ISSUE RAISED BY THE ASSESSEE BY GROUND NO.3 WAS DISMISSED BY THE TRIBUNAL ON THE BASIS OF THIS SUBMISSION OF THE ASSESSEE THA T ISSUE WAS RECURRING ONE FROM THE EARLIER YEARS AND THE TRIBUNAL IN ASSE SSMENT YEAR (AY) 2001-02 IN ITA NO. 3528/AHD/2004 HAS DECIDED THIS ISSUE AGAINST THE MA NO.133/AHD/2012 (ITA NO.846/AHD/06) ATUL LTD. V. DCIT (OSD) RNG-1 PAGE 2 ASSESSEE. REGARDING THE ISSUE, IT WAS SUBMITTED THA T ISSUE IS THIS AS TO WHETHER ASSESSEE IS ELIGIBLE FOR DEDUCTION U/S. 80I A OF THE INCOME-TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT) IN RESPECT OF NEW POWER PLANT BY RECOGNIZING THE SAME AS A NEW INDUSTRIAL U NDERTAKING. IT IS ALSO SUBMITTED BY ASSESSEE IN MA THAT ASSESSEE HAD FILED A MISCELLANEOUS PETITION BEING MA NO. 324/AHD/2008 POINTING OUT SIMILAR MISTAKE IN THE TRIBUNALS ORDER FOR AY 2001-02. THIS IS ALSO SUBMI TTED THAT WHILE DECIDING THAT MA NO. 324/AHD/2008 DATED 11-05-2012, THE SAME ISSUE REGARDING ALLOWABILITY OF DEDUCTION TO THE ASSESSEE U/S. 80IA OF THE ACT IN RESPECT OF NEW TURBINE GENERATING ELECTRICITY WAS R ECALLED BY THE TRIBUNAL AND THE REGISTRY WAS DIRECTED TO FIX THE APPEAL FOR HEARING IN RESPECT OF GROUND NO. 3 OF THE ASSESSEE IN ITA NO. 3528/AHD/20 04. 2. IN COURSE OF HEARING BEFORE US, LD. AR OF THE AS SESSEE REITERATED THE SAME CONTENTIONS. HE ALSO SUBMITTED COPY OF TRI BUNALS ORDER IN MA NO.324/AHD/2008 DATED 11-05-2012 AND SUBMITTED THAT ACCORDINGLY IN THE PRESENT YEAR ALSO, THE TRIBUNALS ORDERS SHOULD BE RECALLED FOR THE LIMITED PURPOSE OF DECIDING GROUND NO.3 AFRESH. AS AGAINST THIS, LD SR- DR FOR THE REVENUE SUBMITTED THAT THERE IS NO MISTA KE IN THE TRIBUNALS ORDER. 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND WE FIND THAT ONLY BASIS OF DECIDING GROUND NO.3 IN THE PRESENT YEAR A GAINST THE ASSESSEE IS TRIBUNALS ORDER FOR AY 2001-02. SINCE THE DECIS ION OF THE TRIBUNAL ON THIS ISSUE IN AY 2001-02 HAS BEEN RECALLED FOR FRES H DECISION, IN OUR CONSIDERED OPINION, IN THE PRESENT YEAR ALSO, THE T RIBUNALS DECISION ON THIS ISSUE DOES SURVIVE AND IT HAS TO BE DECIDED AF RESH BY FOLLOWING THE FRESH DECISION IN AY 2001-02 ON THIS ISSUE. ACCORDI NGLY, WE RECALL THE IMPUGNED TRIBUNALS ORDER IN RESPECT OF GROUND NO.3 ONLY AND DIRECT THE MA NO.133/AHD/2012 (ITA NO.846/AHD/06) ATUL LTD. V. DCIT (OSD) RNG-1 PAGE 3 REGISTRY TO FIX THIS APPEAL IN DUE COURSE OF HEARIN G FOR LIMITED PURPOSE FOR DECIDING GROUND NO.3 AFRESH. 4. IN THE RESULT, MA OF ASSESSEE STANDS ALLOWED IN THE TERMS INDICATED ABOVE. ORDER PRONOUNCED IN OPEN COURT ON THE DATE MENTIONE D HEREINABOVE AT CAPTION PAGE. SD/- SD/- (A.K.GARODIA) (KUL BHA RAT) (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) *DKP %&'- 22/03/2013 -./ 0 $ $ $ $ 1 1 1 1 / COPY OF ORDER FORWARDED TO:- 1. / APPELLANT 2. / RESPONDENT 3. &/& 3 / CONCERNED CIT 4. 3- / CIT (A) 5. 67 , , -./ / DR, ITAT, AHMEDABAD 6. 7: ;< / GUARD FILE. BY ORDER/ $ , /TRUE COPY/ =/- &> , -./ 0 STRENGTHEN PREPARATION & DELIVERY O F ORDERS IN THE ITAT 1) DATE OF TAKING DICTATION 20/03 2) DIRECT DICTATION BY MEMBER STRAIGHT ON COMPUTER/LAPTOP/DRAGON DICTATE NO 3) DATE OF TYPING & DRAFT ORDER PLACE BEFORE MEMBER 21/03 4) DATE OF CORRECTION 21/03 5) DATE OF FURTHER CORRECTION - - 6) DATE OF INITIAL SIGN BY MEMBERS 21/03 7) ORDER UPLOADED ON - - 8) ORIGINAL DICTATION PAD-PART HAS BEEN ENCLOSED IN THE FILE YES 9) FINAL ORDER AND 2 ND COPY SEND TO BENCH CLERK ON 22/03