NBM Iron & Steel Trading Pvt. Ltd., Bhavnagar V. The DCIT, Central Circle-2(1), Bhavnagar

MA 170/AHD/2013

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 1944 (ITAT-AHMEDABAD)
• Duration Of Justice: 9 month(s) 21 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 11-07-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2010-2011
• Appeal Filed On: 20-09-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A K

Judgement Text

, , , , , , , , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, AHMEDABAD .., ! '# '# '# '# $ %&, ! BEFORE SHRI N.S. SAINI, ACCOUNTANT MEMBER AND SHRI KUL BHARAT, JUDICIAL MEMBER 1. MA NO.170/AHD/2013 - AY 2010-11 ( IN #./ IN I.T.A. NO.2379/AHD/2012 AY 2010-11) 2. MA NO.171/AHD/2013 - AY 2010-11 ( IN CROSS OBJECTION NO.244/AHD/2012 AY 2010-11) NBM IRON & STEEL TRADING PVT.LTD. 205-208, MADHAV HILL WAGHWADI ROAD BHAVNAGAR / VS. THE DCIT CENTRAL CIRCLE-2(1) BHAVNAGAR !( #./)* #./ PAN/GIR NO. : AAACH 7420 C ( APPLICANT ) .. ( +,(- / RESPONDENT ) ASSESSEE BY : MS. URVASHI SHODHAN, AR REVENUE BY : SHRI A.K. PANDEY, SR.DR $'. / & / / / / DATE OF HEARING : 06/06/2014 012 / & / DATE OF PRONOUNCEMENT : 11/07/2014 3 / O R D E R PER SHRI KUL BHARAT, JUDICIAL MEMBER : THE ASSESSEE HAS MOVED TWO MISCELLANEOUS APPLICATIO NS, I.E. MA NOS.170 & 171/AHD/2013 RESPECTIVELY IN TRIBUNAL (IT AT D BENCH AHMEDABAD) ORDER PASSED IN ITA NO.2379/AHD/2012 AND CO NO.244/AHD/2012 FOR AY 2010-11 VIDE ORDER DATED 28/ 06/2013. 2. FIRST, WE TAKE UP THE MA NO.170/AHD/2013 (IN ITA NO.2379/AHD/2012 FOR AY 2010-11 REVENUES APPEAL) . THE LD.COUNSEL FOR THE ASSESSEE REITERATED THE SUBMISSIONS AS WERE MADE IN THE MISCELLANEOUS APPLICATION AND SUBMITTED THAT THERE IS A MISTAKE APPARENT FROM THE RECORD. THE LD.COUNSEL FOR THE ASSESSEE S UBMITTED THAT THE MA NO.170/AHD/2013 (IN ITA NO.2379/AHD/2012-AY 2010-11) AND MA NO.171/AHD/2013 (IN CO NO.244/AHD/2012- AY 2010-11) NBM IRON & STEEL TRADING PVT.LTD. VS. DCIT ASST.YEAR 2010-11 - 2 - HONBLE TRIBUNAL INSTEAD OF SETTING ASIDE THE ORDER OF THE LD.CIT(A) FOR VERIFICATION OF THE FACT ON PURCHASES OF THE SHIPS NAMELY; M.V RODINA AND REGAL IMPRESS. THE HONBLE COORDINATE BENCH H AS RESTORED THE ENTIRE ISSUE OF THE REVENUES APPEAL TO THE FILE O F LD.CIT(A) FOR DECISION AFRESH. IT IS SUBMITTED BY THE LD.COUNSEL FOR THE ASSESSEE THAT THE VESSEL; NAMELY M.V.RODINA WAS PURCHASED DURING AY 2008- 09, BUT THE PRESENT APPEAL IS PERTAINING TO AY 2010-11. 3. ON THE CONTRARY, LD.SR.DR SUBMITTED THAT THERE I S NO MISTAKE APPARENT FROM THE RECORD AND SUBMITTED THAT IF THE REQUEST OF THE ASSESSEE IS ALLOWED, THEN IT WILL TANTAMOUNT TO REVIEW OF TH E ORDER. 4. WE HAVE HEARD THE RIVAL SUBMISSIONS, PERUSED THE MATERIAL AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW. THIS TRIBUNAL VIDE ORDER (IN ITA NO.2379/AHD/2013-R EVENUES APPEAL) DATED 28/06/2013 HAD RESTORED THIS ISSUE BACK TO TH E FILE OF LD.CIT(A) TO VERIFY WHETHER THE QUOTATION MADE BY THE DEPONENT N AMELY SHRI JANAMBHAI JIVRAMBHAI DHANDHAKIA PERTAIN TO ANOTHER VESSEL NAMELY M.V.RODINA. AFTER CONSIDERING THE TOTALITY OF TH E FACTS AND THE SUBMISSIONS ADVANCED AT BAR, WE ARE OF THE VIEW THA T THE ORDER IS TO BE MODIFIED TO THE EXTENT THAT THE LD.CIT(A) WOULD VER IFY WHETHER THE QUOTATION (TENDER) FOR THE ACTION OF THE CABIN MATE RIALS OF THE STEAMER M.V.RODINA WAS PURCHASED BY THE ASSESSEE IN EARLI ER YEAR AND DEPONENT SHRI JANAMBHAI JIVRAMBHAI DHANDHAKIA HAD GIVEN QUOT ATION IN THE ACCOUNTING YEAR 2008-09. THE LD.CIT(A) WOULD VERIF Y THIS FACT BY MA NO.170/AHD/2013 (IN ITA NO.2379/AHD/2012-AY 2010-11) AND MA NO.171/AHD/2013 (IN CO NO.244/AHD/2012- AY 2010-11) NBM IRON & STEEL TRADING PVT.LTD. VS. DCIT ASST.YEAR 2010-11 - 3 - MAKING NECESSARY ENQUIRY. IN CASE, IT IS FOUND THA T THERE ARE TWO DIFFERENT SHIPS WERE IMPORTED BY THE ASSESSEE IN DIFFERENT AS SESSMENT YEARS AND THE MATERIAL OF SUCH SHIPS WERE AUCTIONED IN DIFFERENT YEARS, THEN DECIDE THE ISSUE ACCORDINGLY. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION NO. 170/AHD/2013 FOR AY 2010-11 (IN TA NO.2379/AHD/2012-REVENUES APPEAL ) IS DISPOSED OF AS NARRATED ABOVE. 5. NOW, WE TAKE UP THE SECOND MISCELLANEOUS APPLICA TION NO.171/AHD/2013 FOR AY 2010-11 (IN CO NO.244/AHD/20 12 BY ASSESSEE). THE LD.COUNSEL FOR THE ASSESSEE SUBMIT TED THAT INADVERTENTLY THE TRIBUNAL HAS DISMISSED THE CROSS-OBJECTION AS N OT PRESSED. HOWEVER, SINCE THE ISSUE HAS BEEN REMITTED BACK TO THE FILE OF LD.CIT(A) IN REVENUES APPEAL(SUPRA), ACCORDINGLY THE CROSS-OBJE CTION SHOULD HAVE ALSO BEEN RESTORED BACK TO THE FILE OF LD.CIT(A). THE LD.SR.DR SUBMITTED THAT THERE IS NO MISTAKE APPARENT FROM THE RECORD A ND ALSO SUBMITTED THAT IF THE REQUEST OF THE ASSESSEE IS ALLOWED, THEN IT WILL TANTAMOUNT TO REVIEW OF THE ORDER. 6. WE HAVE HEARD THE RIVAL SUBMISSIONS, PERUSED THE MATERIAL AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW. WE FIND THAT THE TRIBUNAL HAD DISMISSED THE CORSS-O BJECTION FILED BY THE ASSESSEE AS NOT PRESSED BY THE LD.COUNSEL FOR THE A SSESSEE. AFTER CONSIDERING THE SUBMISSIONS OF THE ASSESSEE, THE TR IBUNAL ORDER (IN CO NO.244/AHD/2012) DATED 28/06/2013 IS MODIFIED AND T HE ORDER OF THE MA NO.170/AHD/2013 (IN ITA NO.2379/AHD/2012-AY 2010-11) AND MA NO.171/AHD/2013 (IN CO NO.244/AHD/2012- AY 2010-11) NBM IRON & STEEL TRADING PVT.LTD. VS. DCIT ASST.YEAR 2010-11 - 4 - LD.CIT(A) IS SET ASIDE TO THE EXTENT IT IS AGAINST THE ASSESSEE FOR FRESH DECISION. 7. IN THE LIGHT OF THE ABOVE DISCUSSION, BOTH THE MISCELLANEOUS APPLICATIONS FILED BY THE ASSESSEE ARE DISPOSED OF 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 11/ 07 /2014 6.., '.../ T.C. NAIR, SR. PS 3 / +&7 872& 3 / +&7 872& 3 / +&7 872& 3 / +&7 872&/ COPY OF THE ORDER FORWARDED TO : 1. (- / THE APPLICANT. 2. +,(- / THE RESPONDENT. 3. ## & $9 / CONCERNED CIT 4. $9() / THE CIT(A)-III, AHMEDABAD 5. 7'%: +& , , / DR, ITAT, AHMEDABAD 6. :; <. / GUARD FILE. 3$ 3$ 3$ 3$ / BY ORDER, ,7& +& //TRUE COPY// = == =/ // / #) #) #) #) ( DY./ASSTT.REGISTRAR) , , , , / ITAT, AHMEDABAD 1. DATE OF DICTATION .. 10.7.14 (DICTATION-PAD 8-PA GES ATTACHED AT THE END OF THIS FILE) 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 10.7.14 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S.. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 5. DATE ON WHICH FAIR ORDER PLACED BEFORE OTHER MEMBER 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S.11.7.14 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 11.7.14 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