Vardhman Textiles Ltd., Ludhiana V. DCIT, Ludhiana

MA 134/CHANDI/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 8068 (ITAT-CHANDIGARH)
• Duration Of Justice: 4 month(s) 2 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 21-01-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 18-09-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MANJIT SINGH
• Assessee Lawyers: VINEET J AIN
• Keywords: Capital receipt

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH, CHANDIGARH , !' # $ % &' , '( BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER AND MS. ANNAPURNA GUPTA, ACCOUNTANT MEMBER M.A. NOS. 133 & 134/CHD/2019 ( ARISING OUT OF ITA NOS. 787/CHD/2015 & 483/CHD/201 6 DECIDED VIDE ORDER 14.03.2019) / ASSESSMENT YEARS : 2011-12 & 2012-13 M/S VARDHMAN TEXTILES LIMITED, CHANDIGARH ROAD, LUDHIANA VS. THE ADDL CIT, RANGE-1, LUDHIANA ./ PAN NO: AABCM4692E APPELLANT / RESPONDENT / ASSESSEE BY : SH. VINEET JAIN, CA / REVENUE BY : SH. MANJIT SINGH, CIT DR ! ' # / DATE OF HEARING : 22.11.2019 $%&' # / DATE OF PRONOUNCEMENT : 21.01.2020 PER SANJAY GARG, JUDICIAL MEMBER: THE PRESENT MISC. APPLICATIONS DATED 14.9.2019 MOVE D BY THE ASSESSEE ARE ARISING OUT OF THE COMMON ORDER DATED 14.03.2019 IN ITA NOS. 787/CHD/2015 AND 483/CHD/2016 PASSED BY THE TRIBUNA L. 2. IN M.A.NO.133/CHD/2019 , IT HAS BEEN SUBMITTED THAT IN THE ORDER PASSED IN RESPECT OF ITA NO. 787/CHD/2015 , THERE IS A MISTAKE APPARENT, IN PARA 35 OF THE AFORESAID ORDER OF THE TRIBUNAL, IN TYPING THE AMOUNT OF SALES TAX SUBSIDY AT RS. 1,67,984/- AS AGAINST THE AMOU NT OF SALES TAX SUBSIDY M.A.NO. 133/CHD/2019 IN ITA NO. 787-CHD/2015- M/S VARDHMAN TEXTILES LIMITED, LUDHIANA 2 MENTIONED BY THE ASSESSEE AT RS. 1,67,60,984/-, THE ISSUE RELATING TO WHICH HAS BEEN RAISED THROUGH ITS ADDITIONAL GROUND OF THE APPEAL. A REQU EST HAS, THEREFORE, BEEN MADE FOR RECTIFICATION OF THE AFORESAID CLERICAL MISTAKE. 3. IN M.A. NO. 134/CHD/2019 , IT HAS ALSO BEEN SUBMITTED THAT THE ASSESSEE IN ITA NO. 483/CHD/2016 FOR ASSESSMENT YEAR 2012-13 HAS RAISED THE ADDITIONAL GROUND RELATING TO TREATING OF SALE S TAX SUBSIDY AS REVENUE RECEIPT INSTEAD OF CAPITAL RECEIPT BUT THE TRIBUNA L DID NOT ADJUDICATE THIS ADDITIONAL GROUND OF APPEAL, EVEN THOUGH, THE SIMIL AR ISSUE WAS DECIDED IN ASSESSEES FAVOUR IN ASSESSMENT YEAR 2011-12 UNDER PARAS 35 & 36 OF THE SAME CONSOLIDATED ORDER. 4. WE, AFTER GOING THROUGH THE CASE FILES / RECORDS HAVE FOUND THAT AN INADVERTENT TYPOGRAPHICAL ERROR HAS CREPT IN THE COMMON ORDER DATED 14.3.2019 PASSED IN RESPECT OF ITA NO.787/CHD/2015 (A.Y. 2011-12) IN WRITING THE AMOUNT OF SALES TAX SUBSIDY AS RS. 1,6 7,984/-, AS AGAINST THE AMOUNT OF SALES TAX SUBSIDY MENTIONED BY THE ASSESS EE IN THE ADDITIONAL GROUND OF APPEAL AT RS. 1,67,60.984/- . WE ALSO FIND WHILE PASSING COMMON ORDER DATED 14.3.2019 IN RESPECT OF ITA NO. 483/CHD/2016 , INADVERTENTLY DUE TO OVERSIGHT, THE ADDITIONAL GROU ND RELATING TO TREATING OF SALES TAX SUBSIDY AS REVENUE RECEIPT INSTEAD OF CAP ITAL RECEIPT HAS NOT BEEN ADJUDICATED / LEFT OVER BY THE TRIBUNAL THOUGH THE SIMILAR ISSUE WAS DECIDED BY THE TRIBUNAL IN FAVOUR OF THE ASSESSEE F OR ASSESSMENT YEAR 2011- 12 VIDE PARAS 35 & 36 OF THE SAME CONSOLIDATE ORDER DATED 14.3.2019. M.A.NO. 133/CHD/2019 IN ITA NO. 787-CHD/2015- M/S VARDHMAN TEXTILES LIMITED, LUDHIANA 3 5. WE, THEREFORE, ORDER THE FOLLOWING RECTIFICATION S IN THE COMMON ORDER OF THE TRIBUNAL DATED 14.3.2019 PASSED IN RESPECT O F THE FOLLOWING APPEALS:- ITA NO: 787/CHD/2015 (A.Y. 2011-12) IN PARA NO. 35 OF THE IMPUGNED ORDER DATED 14.3.201 9, THE FIGURE OF SALES TAX SUBSIDY BE READ AS RS. 1,67,60,984/- INSTEAD OF RS. 1,67,984/-. AFTER CORRECTION OF THE FIGURE OF AFORESAID AMOUNT, THE P ARA 35 OF THE ORDER WILL READ AS UNDER:- 35. THE ASSESSEE APART FROM ABOVE GROUND HAS ALSO RAISED ADDITIONAL GROUND WHICH READS AS UNDER:- THAT THE AUTHORITIES BELOW HAVE ERRED IN TREATING SALES TAX SUBSIDY OF RS. 1,67,60,984/- UNDER MADHYA PRADESH INDUSTRIAL PROMOTIONAL ASSISTANCE SCHEME 2004 AS REVENUE RECEIPT INSTEAD OF CAPITAL RECEIPT. ITA NO: 483/CHD/2016 (A.Y. 2012-13) THE FOLLOWING PARA BE INSERTED AFTER PARA 44 OF THE ORDER OF THE TRIBUNAL DATED 14.3.2019 :- 44.1 THE ASSESSEE APART FROM ABOVE GROUND HAS ALS O RAISED ADDITIONAL GROUND WHICH READS AS UNDER:- THAT THE AUTHORITIES BELOW HAVE ERRED IN TREATING SALES TAX SUBSIDY OF RS. 1,72,77,409/- UNDER MADHYA PRADESH INDUSTRIAL PROMOTIONAL ASSISTANCE SCHEME 2004 AS REVENUE RECEIPT INSTEAD OF CAPITAL RECEIPT. FURTHER, PARA 45 OF THE ORDER DATED 14.3.2019 BE S UBSTITUTED AS UNDER:- 45. BOTH THE LD. REPRESENTATIVES OF THE PARTIES HAVE FAIRLY SUBMITTED THAT THE ISSUES RAISED IN THESE AP PEALS INCLUDING THROUGH ADDITIONAL GROUND OF APPEAL ARE IDENTICAL TO THAT HAVE BEEN TAKEN UP IN ITA NO. M.A.NO. 133/CHD/2019 IN ITA NO. 787-CHD/2015- M/S VARDHMAN TEXTILES LIMITED, LUDHIANA 4 787/CHD/2015 AND ITA NO. 894/CHD/2015 FOR ASSESSMENT YEAR 2011-12 AS ADJUDICATED ABOVE. HOWEVER, THE REST OF THE FINDINGS OF THE TRIBUNAL W ILL REMAIN, AS SUCH. 6. A SEPARATE CORRIGENDUM TO THE ORDER DATED 14.3.2 019 BE ISSUED IN THIS RESPECT. IN THE RESULT, THE MISCELLANEOUS APPLI1CATIONS FIL ED BY THE ASSESSEE ARE ALLOWED TO THE ABOVE EXTENT ONLY. ORDER PRONOUNCED IN THE OPEN COURT ON 21.01.2020. SD/- SD/- ( # $ % &' / ANNAPURNA GUPTA) '( / ACCOUNTANT MEMBER ( / SANJAY GARG) / JUDICIAL MEMBER DATED : 21.01. 2020 )) %*+,-, / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ! . / CIT 4. ! . ( )/ THE CIT(A) 5. ,/01 , #1 , 23405 / DR, ITAT, CHANDIGARH 6. 046' / GUARD FILE %* ! / BY ORDER, 7 / ASSISTANT REGISTRAR