Shri Rakeshbhai K.Patel, Ahmedabad V. The ACIT., Cent.Circle-1(1), Ahmedabad

MA 172/AHD/2011

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8465 (ITAT-AHMEDABAD)
• Duration Of Justice: 8 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-07-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2002-2003
• Appeal Filed On: 02-11-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Opportunity of being heard

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, A BENCH, AHMEDABAD BEFORE SHRI MUKUL KUMAR SHRAWAT, JUDICIAL MEMBER AND SHRI A. K. GARODIA, ACCOUNTANT MEMBER M.A.NO.172/AHD/2011 IN I.T.A. NO.1249 / AHD/2006 (ASSESSMENT YEAR 2002-03) RAKESHBHAI KARSANBHAI PATEL, NIRMA HOUSE, ASHRAM ROAD, AHMEDABAD VS. ACIT, C-1(1), AHMEDABAD PAN/GIR NO. : AGGPP2910C (APPELLANT) .. (RESPONDENT) APPELLANT BY: SHRI S N SOPARKAR, SR. ADV. RESPONDENT BY: SHRI VINOD TANWANI, SR. DR DATE OF HEARING: 15.06.2012 DATE OF PRONOUNCEMENT: 06.07.2012 O R D E R PER SHRI A. K. GARODIA, AM:- THIS MISCELLANEOUS APPLICATION IS FILED BY THE ASS ESSEE AND IT IS POINTED OUT BY THE ASSESSEE IN THE MISCELLANEOUS AP PLICATION THAT THE ASSESSEE FILED ADDITIONAL GROUND ON 14.11.2008 REGA RDING ADDITION OF RS.2,22,925/- AS NOTIONAL ACCRUED INTEREST ON OPTIO NALLY FULLY CONVERTIBLE PREMIUM NOTES (OCPNS) OF NIRMA INDUSTRIES LTD. AND COPY OF THE SAME IS ENCLOSED WITH THE MISCELLANEOUS APPLICATION. IT IS POINTED OUT THAT THIS GROUND WAS NOT DECIDED BY THE TRIBUNAL IN ITS IMPUG NED ORDER. 2. IN THE COURSE OF HEARING BEFORE US, IT WAS SUBMI TTED BY THE LD. A.R. THAT THIS ADDITIONAL GROUND RAISED BEFORE THE TRIBU NAL SHOULD BE DECIDED. M.A.NO.172 /AHD/2011 2 AS AGAINST HIS, IT WAS SUBMITTED BY THE LD. D.R. TH AT HEARING OF THIS APPEAL HAS TAKEN PLACE ON 11.01.2010 AND THE TRIBUN AL ORDER IS DATED 29.01.2010 AND IT HAS TO BE SEEN AS TO WHETHER THIS ADDITIONAL GROUND WAS ADMITTED OR NOT. 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PER USED THE MATERIAL ON RECORD. WE FIND THAT HIS ADDITIONAL GROUND WAS VERY MUCH RAISED BEFORE THE TRIBUNAL AND THE SAME IS AVAILABLE IN TH E APPEAL FOLDER WITH A COVERING LETTER DATED 10 TH NOV. 2008 REQUESTING FOR ADMISSION OF ADDITIONAL GROUND BECAUSE THIS IS A LEGAL ISSUE, WH ICH DOES NOT REQUIRE VERIFICATION OF FACTS. WE ALSO FIND THAT THE APPEA L OF THE ASSESSEE WAS ALLOWED FOR STATISTICAL PURPOSES AND ENTIRE MATTER WAS RESTORED BACK TO THE FILE OF LD. CIT(A) FOR A FRESH DECISION BY WAY OF P ASSING A SPEAKING AND REASONED ORDER. UNDER THESE FACTS, WE FEEL THAT TH IS ISSUE ALSO SHOULD BE DECIDED BY LD. CIT(A) WHICH HAS BEEN RAISED BY THE ASSESSEE IN THE ADDITIONAL GROUND AND TO THIS EXTENT, WE RECTIFY TH E IMPUGNED TRIBUNAL ORDER DATED 29.01.2010. LD. CIT(A) IS DIRECTED TO DECIDE THIS ISSUE ALSO WHICH IS RAISED BY THE ASSESSEE IN THE ADDITIONAL G ROUND SIMULTANEOUSLY WITH OTHER ISSUES AND IN CASE, OTHER ISSUES ARE ALR EADY DECIDED AS PER THE TRIBUNAL DIRECTION, THEN THIS ISSUE SHOULD ALSO BE DECIDED BY HIM. NEEDLESS TO SAY, LD. CIT(A) SHOULD PROVIDE ADEQUATE OPPORTUNITY OF BEING HEARD TO BOTH THE SIDES. 4. IN THE RESULT, MISCELLANEOUS APPLICATION OF THE ASSESSEE STANDS ALLOWED IN TERMS INDICATED ABOVE. 5. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE M ENTIONED HEREINABOVE. SD./- SD./- (MUKUL KUMAR SHRAWAT) (A. K. GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER SP M.A.NO.172 /AHD/2011 3 COPY OF THE ORDER FORWARDED TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE LD. CIT (APPEALS) 5. THE DR, AHMEDABAD BY ORDER 6. THE GUARD FILE AR,ITAT,AHMEDABAD 1. DATE OF DICTATION 2/7 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 3/7/12.OTHER MEMBER 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 6/7 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. P.S./P.S.6/7 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 06/07/2012 7. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK .. 8. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER . 9. DATE OF DESPATCH OF THE ORDER. .