The ACIT, Gandhinagar Circle, Gandhinagar V. GSPC Gas Company Ltd., Gandhinagar

MA 153/AHD/2014

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 2729 (ITAT-AHMEDABAD)
• Duration Of Justice: 4 month(s) 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 13-02-2015
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: D
• Next Hearing Date: 16-01-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 18-09-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MK SINGH
• Assessee Lawyers: SN SOPARKARAR
• Keywords: Depreciation; Rectification of order

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, AHMEDABAD .., , BEFORE SHRI N.S.SAINI, ACCOUNTANT MEMBER AND SHRI KUL BHARAT, JUDICIAL MEMBER MA NO.153/AHD/2014 - AY 2008-09 (IN ./ IN I.T.A. NO.1300/AHD/2012 AY 2008-09) JT.CIT/ADDL.CIT GANDHINAGAR RANGE GANDHINAGAR (ORIGINAL APPELLANT) / VS. GSPC GAS COMPANY LTD. 101/106, IT TOWER NO.1 INDRODA CIRCLE INFOCITY GANDHINAGAR 382 011 (ORIGINAL RESPONDENT) ./ ./ PAN/GIR NO. : AABCG 1813 F ( APPLICANT ) .. ( #$ % / RESPONDENT ) REVENUE BY : SHRI M.K. SINGH, SR.DR ASSESSEE BY : SHRI S.N. SOPARKAR, AR &'() / DATE OF HEARING 16/01/2015 *+,-() / DATE OF PRONOUNCEMENT 13/02/2015 / O R D E R PER SHRI KUL BHARAT, JUDICIAL MEMBER : THIS MISCELLANEOUS APPLICATION HAS BEEN FILED BY THE REVENUE ON 18.9.2014 (ARISING OUT OF ITA NO.1300/AHD/2012 FOR AY 2008-09) SEEKING RECTIFICATION OF MISTAKE APPARENT IN THE TR IBUNAL (ITAT D BENCH AHMEDABAD) ORDER DATED 11/04/2014. MA NO.153/AHD/2014 ( IN ITA NO.1300/AHD/2012) CIT/ADDL.CIT GANDHINAGAR VS. GSPC GAS CO.LTD. ASST.YEAR 2008-09 - 2 - 2. THE LD.SR.DR SUBMITTED THAT THE TRIBUNAL VIDE OR DER DATED 11/04/2014(SUPRA) HAS DISMISSED THE GROUND NO.2 OF REVENUES APPEAL. HE SUBMITTED THAT WHILE DOING SO, THE HONBLE TRIBU NAL FAILED TO TAKE NOTE OF THE FACT THAT IN ASSESSEES APPEAL (ITA NO. 1390/AHD/2012 FOR AY 2008-09), THE GROUND OF TAXABILITY RELATED TO LI QUIDATED DAMAGES HAS BEEN DECIDED IN FAVOUR OF ASSESSEE. THEREFORE, BY ALLOWING THE DEPRECIATION, THE ASSESSEE HAS BEEN GIVEN DOUBLE BE NEFIT WHICH IS CONTRADICTORY TO SECTION 43 OF THE I.T.ACT, 1961. ON BEHALF OF THE ASSESSEE, LD.SR.COUNSEL SHRI S.N.SOPARKAR APPEARED AND DID NOT CONTROVERT THE SUBMISSIONS OF THE LD.SR.DR. 3. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE ORDER OF THE TRIBUNAL DATED 11/04/2014(SUPRA). WE FIND FORCE IN THE CONTENTION OF THE LD.SR.DR, AS THE ASSESSEE IN ITS APPEAL ITA NO.139 0/AHD/2012 PERTAINING TO AY 2008-09 HAS SUCCEEDED ON THE ISSUE OF TAXABIL ITY OF LIQUIDATED DAMAGES. HENCE, WE ARE OF THE CONSIDERED VIEW THAT A MISTAKE HAS CREPT INTO THE TRIBUNALS ORDER DATED 11/04/2014, SAME NE EDS TO BE RECTIFIED. THEREFORE, WE RECALL THE TRIBUNALS ORDER DATED 11/ 04/2014 ON GROUND NO.2 RAISED IN REVENUES APPEAL FOR AY 2008-09 AND FIX THE APPEAL FOR DECISION AFRESH ON GROUND NO.2 . ACCORDINGLY, THE REGISTRY IS DIRECTED TO FIX THE REVENUES APPEAL ( ITA NO.1300/AHD/2012 FOR AY 2008-09 ON MA NO.153/AHD/2014 ( IN ITA NO.1300/AHD/2012) CIT/ADDL.CIT GANDHINAGAR VS. GSPC GAS CO.LTD. ASST.YEAR 2008-09 - 3 - GROUND NO.2 ) FOR HEARING IN DUE COURSE, AFTER ISSUING NOTICE O F HEARING TO BOTH THE PARTIES. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS ALLOWED AS INDICATED ABOVE. ORDER PRONOUNCED IN COURT ON THE DATE MENTIONED HER EINABOVE AT CAPTION PAGE SD/- SD/- ( .. ) ( ) ( N.S.SAINI ) ( KUL BHARAT ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 13/ 02 /2015 1)..,&.../ T.C. NAIR, SR. PS !'#$%$&' / COPY OF THE ORDER FORWARDED TO : 1. % / THE APPLICANT. 2. #$ % / THE RESPONDENT. 3. 234 5 / CONCERNED CIT 4. 5 ( ) / THE CIT(A)-GANDHIANGAR 5. 6&7#34 , )34- , 2 / DR, ITAT, AHMEDABAD 6. 79:;' / GUARD FILE. / BY ORDER, $6# //TRUE COPY// / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD 1. DATE OF DICTATION .. 3.2.15 (DICTATION-PAD 3- PA GES ATTACHED AT THE END OF THIS FILE) 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 3.2.15 3. OTHER MEMBER 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S.. 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. P.S./P.S.13.2.15 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 13.2.15 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK ... 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 10. DATE OF DESPATCH OF THE ORDER