M/s. Mehsana Dist.Co.Op.Milk Producers Union Ltd., Mehsana V. The ACIT., Mehsana Circle, Mehsana

MA 166/AHD/2008

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 4368 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 6 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 12-02-2010
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: D
• Assessment Year: 1998-1999
• Appeal Filed On: 31-07-2008
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: C K MISHRA
• Assessee Lawyers: J P SHAH

Judgement Text

IN THE INCOME TAX APPELLLATE TRIBUNAL AHMEDABAD BENCHES D , AHMEDABAD BEFORE S/SHRI N.S.SAINI, A.M, & SHRI MAHAVIR SINGH, J.M. M.A.NO.166/AHD/2008 (ARISING OUT ITA NO.986/AHD/2007 ASST.YEAR.1998-99 DATE OF HEARING:12.2.10 DRAFTE D:15.2.10 MEHSANA DISTRICT CO-OPERAATIVE MILK PRODUCERS UNION LTD., DUDHSAGAR DAIRY, MEHSANA PAN NO.AAAAMO0329F VS. ADDL. COMMISSIONER OF INCOME- TAX, MEHSANA CIRCLE, MEHSANA (APPELLANT) (RESPONDENT) (ORIGINAL APPELLANT) (ORIGINAL RESPONDENT) M.A.NO.167/AHD/2008 (ARISING OUT ITA NO.2629/AHD/2007 ASST.YEAR.1999-00 MEHSANA DISTRICT CO-OPERAATIVE MILK PRODUCERS UNION LTD., DUDHSAGAR DAIRY, MEHSANA PAN NO.AAAAMO0329F VS. ADDL. COMMISSIONER OF INCOME- TAX, MEHSANA CIRCLE, MEHSANA (APPELLANT) (RESPONDENT) (ORIGINAL APPELLANT) (ORIGINAL RESPONDENT) M.A.NO.168/AHD/2008 (ARISING OUT ITA NO.1084/AHD/2007 ASST.YEAR.2002-03 MEHSANA DISTRICT CO-OPERAATIVE MILK PRODUCERS UNION LTD., DUDHSAGAR DAIRY, MEHSANA PAN NO.AAAAMO0329F VS. ADDL. COMMISSIONER OF INCOME- TAX, MEHSANA CIRCLE, MEHSANA (APPELLANT) (RESPONDENT) (ORIGINAL APPELLANT) (ORIGINAL RESPONDENT) M.A.NO.169/AHD/2008 (ARISING OUT ITA NO.666/AHD/2005 ASST.YEAR.2001-02 2 MEHSANA DISTRICT CO-OPERAATIVE MILK PRODUCERS UNION LTD., DUDHSAGAR DAIRY, MEHSANA PAN NO.AAAAMO0329F VS. ADDL. COMMISSIONER OF INCOME- TAX, MEHSANA CIRCLE, MEHSANA (APPELLANT) (RESPONDENT) (ORIGINAL APPELLANT) (ORIGINAL RESPONDENT) M.A.NO.170/AHD/2008 (ARISING OUT ITA NO.2630/AHD/2007 ASST.YEAR.2000-01 MEHSANA DISTRICT CO-OPERAATIVE MILK PRODUCERS UNION LTD., DUDHSAGAR DAIRY, MEHSANA PAN NO.AAAAMO0329F VS. ADDL. COMMISSIONER OF INCOME- TAX, MEHSANA CIRCLE, MEHSANA (APPELLANT) (RESPONDENT) (ORIGINAL APPELLANT) (ORIGINAL RESPONDENT) ASSESSEE BY : SHRI J.P.SHAH, AR REVENUE BY: SHRI C.K. MISHRA, SR. DR ORDER PER MAHAVIR SINGH, J.M. BY WAY OF THIS MISCELLANEOUS APPLICATION (MA), THE ASSESSEE HAS REQUESTED FOR RE-CALLING OF THE ORDER PASSED BY THE TRIBUNAL IN ITA NO.1132/AHD/2006 DATED 04-09-2009. 2. AT THE OUTSET THE LD. COUNSEL FOR THE ASSESSEE S TATED THAT THE ONLY ISSUE NOT DISPOSED OF BY THE TRIBUNAL, WHILE DECIDING THE APPEAL, IS AS REGARDS TO THE GROUND OF REVALUATION OF OPENING STOCK. HE STATED THAT THE ITAT HAS DISCUSSED THE GROUND AND CONTENTIONS OF LD. COUNSEL ON PAGE N O.16 IN PARA-11.1 OF ITAT ORDER, HOWEVER, WHILE DECIDING GROUNDS FOR VALUATIO N OF CLOSING STOCK AT PARA NO.14.1 AT PAGE NO.19, GROUND FOR REVALUATION OF OPENING S TOCK FOR ASSESSMENT YEAR 2001-02 HAS NOT BEEN DEALT WITH. ACCORDINGLY, THIS ISSUE IS NOT DECIDED BY TRIBUNAL IN ASSESSMENT YEAR 2001-02 AND FOR DECIDIN G THE SIMILAR ISSUE IN ASSESSMENT YEAR 1998-99, THE TRIBUNAL HAS REFERRED TO THE DECISION IN 3 ASSESSMENT YEAR 2001-02. AS A RESULT, FOR ASSESSME NT YEAR 1998-99 AND FOR OTHER YEARS, THE ISSUE OF REVALUATION OF OPENING ST OCK HAS NOT BEEN DISPOSED OFF. 3. WHEN THIS WAS CONFRONTED THE LD. SR-DR FAIRLY ST ATED THAT QUA GROUND NO.1(IV), THE ORDER OF THE TRIBUNAL CAN BE RECALLED AS THE ISSUE HAS NOT BEEN DISPOSED OFF. 4. IN VIEW OF THE ABOVE SUBMISSIONS AND FACTS, WE F IND THAT THE ISSUE REVALUATION OF OPENING STOCK RAISED QUA GROUND NO.1 (IV) HAS NOT BEEN DISPOSED OFF BY TRIBUNAL, ACCORDINGLY, WE RECALL THE ORDER T O THAT EXTENT IN ALL THESE YEARS AS STATED BY THE LD. COUNSEL FOR THE ASSESSEE. 5. AS REGARDS TO OTHER GROUND OF INTEREST U/S.234B OF THE INCOME-TAX ACT, 1961, THE LD. COUNSEL FOR THE ASSESSEE HAS NOT MADE ANY SUBMISSIONS. ACCORDINGLY, THE SAME IS DISMISSED AS NOT PRESSED. 6. THE APPEALS ARE FIXED FOR HEARING QUA GROUND NO. 1(IV) ON 18-02-2010 AND BOTH PARTIES ARE INFORMED IN OPEN COURT AND NO FURT HER NOTICE WILL BE SENT FOR THESE APPEALS. 7. IN THE RESULT, ASSESSEES MAS ARE ALLOWED PARTLY AS INDICATED ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 12/02/2010 . SD/- SD/- (N.N.SAINI) (MAHAVIR SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER PLACE: AHMEDABAD. DATE :12-02-2010 DKP* COPY OF THE ORDER FORWARDED TO :- 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A)-XX, AHMEDABAD 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE (IN DUPLICATE) BY ORDER, /TRUE COPY/ DR / AR, ITAT, AHMEDABAD