The DCIT, Circle-1(1)(2), Ahmedabad V. M/s. Liva Healthcare Ltd. (Now merged with Cadila Healthcare Ltd), Ahmedabad

MA 16/AHD/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 0810 (ITAT-AHMEDABAD)
• Duration Of Justice: 4 month(s) 5 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 28-05-2019
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2006-2007
• Appeal Filed On: 22-01-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

MA NO.16/AHD/2019 (IN ITA NO.1187/AHD/2018) ASSESSMENT YEAR: 2006-07 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, AHMEDABAD A BENCH, AHMEDABAD [CORAM: PRAMOD KUMAR, VICE PRESIDENT AND MS. MADHUMITA ROY, JUDICIAL MEMBER] M.A. NO.16/AHD/2019 (IN ITA NO.1187/AHD/2018) ASSESSMENT YEAR: 2006-07 DY. COMMISSIONER OF INCOME TAX, CIRCLE 1(1)(2), AHMEDABAD. .. APPLICANT VS. LIVA HEALTHCARE LIMITED, .......... RESPONDENT (NOW MERGED WITH CADILA HEALTHCARE LTD), ZYDUS TOWER, SATELLITE CROSS ROAD, S.G. HIGHWAY, SATELLITE, AHMEDABAD. [PAN: AAACL 0709 Q] APPEARANCES BY S.K. DEV FOR THE APPLICANT MUKESH SHAH FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : 17.05.2019 DATE OF PRONOUNCEMENT : 28.05.2019 O R D E R PER PRAMOD KUMAR, VICE PRESIDENT: BY WAY OF THIS RECTIFICATION PETITION, THE APPLICAN T ASSESSING OFFICER INVITES OUR ATTENTION TO THE FACT THAT WHILE THE DEPARTMENTAL A PPEAL WAS DISMISSED VIDE ORDER DATED 27.07.2018 ON ACCOUNT OF LOW TAX EFFECT, THE ACTUAL TAX EFFECT INVOLVED IN THE PRESENT CASE IS RS.21,47,178/-. HE THUS PRAYS THAT THE IMPUGNED ORDER MAY BE RECALLED AND THE MATTER BE TAKEN UP FOR HEARING ON MERITS. 2. LEARNED COUNSEL FOR THE ASSESSEE DOES NOT OPPOSE THE SUBMISSIONS OF THE LD. DEPARTMENTAL REPRESENTATIVE AS ABOVE. IN VIEW OF T HE ABOVE DISCUSSION AND AS ALSO BEARING IN MIND ENTIRETY OF THE CASE, WE DEEM IT FI T AND PROPER TO RECALL THE IMPUGNED ORDER DATED 27.07.2018 AND DIRECT THE REGISTRY TO F IX THE MATTER FOR HEARING ON 19.08.2017. MA NO.16/AHD/2019 (IN ITA NO.1187/AHD/2018) ASSESSMENT YEAR: 2006-07 PAGE 2 OF 2 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION IS ALLOWED. PRONOUNCED IN THE OPEN COURT TODAY ON THE 28 TH DAY OF MAY, 2019. SD/- SD/- MS. MADHUMITA ROY PRAMOD KUMAR (JUDICIAL MEMBER) (VICE PRESIDENT) AHMEDABAD, DATED THE 28 TH DAY OF MAY, 2019 PBN/* COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD