The DCIT, Circle-4, Ahmedabad V. M/s. Gujarat State Road Transport Corporation, Ahmedabad

MA 174/AHD/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 4581 (ITAT-AHMEDABAD)
• Duration Of Justice: 4 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 11-10-2018
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 07-06-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Business income

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD B BENCH BEFORE: SHR I RAJPAL YADAV , JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER THE DCIT, CIRCLE - 2(1)(1), AHMEDABAD (APPELLANT) VS M/S. GUJARAT STATE ROAD TRANSPORT CORPORATION, 1 ST FLOOR CENTRAL OFFICE, VAHAN VYAVAHAR BHAVAN, AHMEDABAD PAN: AAACG5587H (RESPONDE NT) REVENUE BY : S H RI MUDIT NAGPAL , SR. D . R. ASSESSEE BY: SHRI SUNIL TALATI, A.R. DATE OF HEARING : 05 - 10 - 2 018 DATE OF PRONOUNCEMENT : 11 - 10 - 2 018 / ORDER P ER : AMARJIT SINGH, ACCOUNTANT MEMBER : - THE REVENUE HAS FILED THIS M.A. NO. 174/AHD/2018 AGAINST THE ORDER OF THE ITAT VIDE ITA NO. 2424/AHD/2015 DATED 27 TH NOV, 2017. I T IS SUBMITTED THAT THE ITAT HAS DECIDED THE APPEAL FILED BY THE REVE NUE VIDE PARA 7 & 8 OF THE ABOVE CITED ORDER AFTER FOLLOWING THE DECISION OF CO - ORDINATE BENCH OF THE ITAT VIDE ITA NO. 2598/AHD/2009 WHEREIN IT IS HELD THAT RECEIPT OF LICENCE FEES FROM CANTEEN HAS TO BE ASSESSED AS INCOME FROM H OUSE PROP ERTY INSTEAD OF BUSINESS INCOME . HOWEVER, THE H ON BLE ITAT INADVERTENTLY VIDE PARA NO. 7 & 8 OF THE ORDER STATED THAT THE APPEAL OF THE REVENUE IS DISMISSED. AFTER PERUSAL OF THE M.A. NO. 174/AHD/2018 (IN I T A NO . 2424 / A HD/20 15) A SS ESSMENT YEAR 2011 - 12 M.A. 174/AHD/2018 (IN I.T.A NO. 24 44 /AHD/20 15) A.Y. 2011 - 12 PAGE NO D CIT VS. M/S GUJARAT STATE ROAD TRANSPORT CORPORATION 2 ABOVE FACTS AND MATERIAL ON RECORD, WE FIND THAT INADVERTENTLY AT PAGE NO. 7 OF THE IT AT ORDER VIDE ITA NO. 2424/AHD/2015 DATED 27 TH NOV, 2017 IT WAS MENTIONED THAT THE APPEAL OF THE REVENUE IS DISMISSED INSTEAD OF STATING THAT THE APPEAL OF THE REVENUE IS ALLOWED. AFTER CONSIDERING THE ABOVE FACTS WE FIND THERE IS AN APPAREN T MISTAKE FROM RECORD, THEREFORE, WE CORRECT THIS MISTAKE THAT THE CONCLUDING FINDINGS GIVEN AT PARA 7 AND 8 OF ITA NO. 2424/AHD/2015 DATED 27 TH NOV, 2017 BE READ AS THE APPEAL OF THE REVENUE IS ALLOWED. ACCORDINGLY, THE M.A. OF THE REVENUE IS ALLOWED. 2. IN THE RESULT, THE M ISCELLANEOUS APPLICATION OF THE REVENUE IS ALLOWED. ORDER PR ONOUNCED IN THE OPEN C OURT ON 11 - 10 - 201 8 SD/ - SD/ - ( RAJPAL YADAV ) ( AMARJIT SINGH ) JUDICIAL MEMBER A CCOUNTANT MEMBER AHMEDABAD : DATED 11 /10 /2018 / COPY OF ORDER FORWARDED TO: - 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,