The ACIT, Circle-8, Ahmedabad V. M/s. Vishal Export Overseas Ltd., Ahmedabad

MA 159/AHD/2011

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 7657 (ITAT-AHMEDABAD)
• Duration Of Justice: 5 month(s) 16 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-03-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2002-2003
• Appeal Filed On: 30-09-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Period of limitation; Time period of passing order

Judgement Text

, , , , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD , . ! !,'# ' $ BEFORE SHRI MUKUL KR.SHRAWAT, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER MA NO.159/AHD/2011 [ ./ IN I.T.A. NO.2177/AHD/2005] ( ! & ! & ! & ! & / / / / ASSESSMENT YEAR : 2002-03) ASSTT.CIT, CIRCLE-8 AHMEDABAD ! ! ! ! / VS. M/S.VISHAL EXPORT OVERSEAS LTD., OPP.SALES INDIA ASHRAM ROAD AHMEDABAD-09 ' '# ./() ./ PAN/GIR NO. : AAACV 2354D ( '* / // / APPLICANT ) .. ( +,'*/ RESPONDENT ) '* - '/ APPLICANT BY : SHRI SAMIR TEKRIWAL, SR. D.R. +,'* . - ' / RESPONDENT BY : MS.URVASHI SHODHAN !/ . 0#/ // / DATE OF HEARING : 02/03/2012 1 & . 0# / DATE OF PRONOUNCEMENT : 16/03/2012 '2/ O R D E R PER SHRI MUKUL KR. SHRAWAT, JUDICIAL MEMBER : THIS MISCELLANEOUS APPLICATION HAS BEEN FILED BY T HE REVENUE ON 30/09/2011 ARISING FROM THE ORDER OF THE ITAT C BENCH AHMEDABAD BEARING ITA NO.2177/AHD/2005 AS STATED IN THE NOMEN CLATURE HEREINABOVE, DATED 13/05/2011. THE RELEVANT PARAGR APH NOS.4 & 5 OF THE MISCELLANEOUS APPLICATION OF THE REVENUE ARE REPROD UCED BELOW:- 4. THE HONBLE ITAT HAS DECIDED THIS ISSUE VIDE P ARA NO.4 OF THE ORDER DATED 13.05.2011 WHEREIN IT HAS BEEN MENTIONE D THAT THE A.O. TO RESORT TO RECTIFICATION U/S.155(13) AND ALL OW THE CLAIM OF DEDUCTION U/S.80HHC FOR THAT YEAR TO WHICH EXPORTS RELATES AND IN RESPECT OF WHICH ASSESSEE HAD RECEIVED ADDITIONAL S UM. MA NO.159/AHD/2011 (OUT OF ITA NO.2177/AH D/05) ACIT VS. VISHAL EXPORT OVERSEAS LTD. ASST.YEAR 2002-03 - 2 - 5. SINCE THE LIMITATION PERIOD U/S.155(13) IS 4 Y EARS FROM THE END OF PREVIOUS YEAR IN WHICH INCOME IS SO RECEIVED IN OR BROUGHT TO INDIA, THEREFORE, IN THE INSTANT CASE THE LIMITA TION PERIOD U/S.155(13) OF THE I.T. ACT HAS ALREADY LAPSED. 2. FROM THE SIDE OF THE REVENUE, LD.DR MR.SAMIR TEK RIWAL APPEARED. HIS MAIN CONCERN WAS THAT THE ORDER OF THE TRIBUNAL HAS BEEN PASSED ON 13/05/2011 WHICH PERTAINED TO THE ASSESSMENT YEAR 2 002-03 AND THAT THE FOUR YEARS HAVE ALREADY EXPIRED, THEREFORE THE DIRE CTIONS OF THE TRIBUNAL COULD NOT BE CARRIED OUT BY THE REVENUE DEPARTMENT. HE HAS STATED THAT THIS GRIEVANCE OF THE REVENUE DESERVES TO BE REDRES SED BY EXTENDING THE PERIOD OF COMPLIANCE. 3. FROM THE SIDE OF THE RESPONDENT-ASSESSEE, LD.AR MS.URVASHI SHODHAN APPEARED AND INFORMED THAT THE APPREHENSION OF THE REVENUE DEPARTMENT IS NOT CORRECT BECAUSE U/S.153(2A) AND U /S.153(3) THE REVENUE DEPARTMENT HAS TIME TO FOLLOW THE DIRECTION S. 4. HAVING HEARD THE SUBMISSIONS OF BOTH THE SIDES, WE ARE OF THE CONSIDERED VIEW THAT THE STATUTE HAS TAKEN DUE CARE OF SUCH AN EVENTUALITY BY PRESCRIBING SUFFICIENT TIME TO THE REVENUE DEPAR TMENT TO FOLLOW A DIRECTION OF HIGHER JUDICIAL FORUM AND TO PASS A C ONSEQUENTIAL ORDER. IT APPEARS THAT THE LD.AR HAS RIGHTLY QUOTED SECTION 153(2A) AND U/S.153(3) OF THE ACT, HENCE, IT IS ADVISED TO REVENUE DEPARTM ENT TO LOOK INTO THE RELEVANT PROVISIONS OF THE IT ACT AND GIVE EFFECT T O THE ORDER OF THE MA NO.159/AHD/2011 (OUT OF ITA NO.2177/AH D/05) ACIT VS. VISHAL EXPORT OVERSEAS LTD. ASST.YEAR 2002-03 - 3 - TRIBUNAL. IN THIS MANNER, THE ALLEGED GRIEVANCE OF THE REVENUE IS HEREBY REDRESSED, HOWEVER, THE PETITION IS DISMISSED. 5. IN THE RESULT, MISCELLANEOUS APPLICATION FILED B Y THE REVENUE IS DISMISSED. SD/- SD/- ( . ! ! ) ( ) '# ( A. MOHAN ALANKAMONY ) ( MUKUL KR. SHRAWAT ) ACCOUNTANT MEMBER JUDICIA L MEMBER AHMEDABAD; DATED 16 / 03 /2012 30..!, .!../ T.C. NAIR, SR. PS '2 . +4 5'4& '2 . +4 5'4& '2 . +4 5'4& '2 . +4 5'4&/ COPY OF THE ORDER FORWARDED TO : 1. '* / THE APPLICANT (REVENUE) 2. +,'* / THE RESPONDENT 3. 6 / CONCERNED CIT 4. 6() / THE CIT(A)-XIV, AHMEDABAD 5. 49: +! , , / DR, ITAT, AHMEDABAD 6. :;