The ACIT, Cent, Circle-1(1), Ahmedabad V. Meghmani Industries Ltd., Ahmedabad

MA 179/AHD/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9577 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-12-2012
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2005-2006
• Appeal Filed On: 20-09-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: D K SINGH
• Assessee Lawyers: B T THAKKAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, C BENCH, AHMEDABAD BEFORE SHRI A. K. GARODIA, ACCOUNTANT MEMBER AND SHRI KUL BHARAT, JUDICIAL MEMBER M.A. NO.177/AHD/2012 IN I.T.(SS)A. NO.569/AHD/2011 (ASSESSMENT YEAR 2005-06) ACIT, CC-1(1), AHMEDABAD VS. MEGHMANI INDUSTRIES LTD., 27, PHASE I, GIDC, VATVA, AHMEDABAD PAN: AABCM0535F M.A. NO.179/AHD/2012 IN C.O. NO.183/AHD/2011 (ASSESSMENT YEAR 2005-06) ACIT, CC-1(1), VS. MEGHMANI DYES AND AHMEDABAD INTERMEDIATES LTD., 27, PHASE I, GIDC, VATVA, AHMEDABAD PAN : AABCM6639D (APPELLANT) .. (RESPONDENT) APPELLANT BY: SHRI D.K.SINGH, SR. DR RESPONDENT BY: SHRI B.T.THAKKAR, AR DATE OF HEARING: 07.12.2012 DATE OF PRONOUNCEMENT: 07.12.2012 O R D E R PER SHRI A. K. GARODIA, AM:- BOTH THESE MISCELLANEOUS APPLICATIONS ARE FILED BY THE REVENUE AND IT WAS SUBMITTED IN THESE MISCELLANEOUS APPLICATION S THAT BY WAY OF A COMBINED ORDER DATED 27.02.2012, TWO APPEALS OF THE REVENUE I.E. I.T.(SS)A.NOS.568 & 569/AHD/2011 AND TWO CROSS OBJE CTIONS OF THE ASSESSEE IN C.O. NOS.282 AND 283/AHD/2011 WERE DISP OSED OF. IT IS M.A.NO.78 /AHD/2012 2 FURTHER SUBMITTED THAT IN RESPECT OF I.T.(SS)A.NO.5 69/AHD/2011 AND C.O. NO.283/AHD/2011, THE NAME OF THE ASSESSEE IS MEGHMA NI INDUSTRIES LTD. AND FOR THE REMAINING APPEAL AND CROSS OBJECTION, T HE NAME OF THE ASSESSEE IS MEGHMANI DYES AND INTERMEDIATES LTD. I N THE IMPUGNED TRIBUNAL ORDER DATED 27.02.2012, FOR BOTH THESE APP EALS OF THE REVENUE AND BOTH THESE CROSS OBJECTIONS OF THE ASSESSEE, ON E NAME IS MENTIONED I.E. MEGHMANI DYES AND INTERMEDIATES LTD. AND THERE FORE, THERE IS MISTAKE IN THE NAME FOR I.T.(SS)A.NO.569/AHD/2011 A ND CROSS OBJECTION 283/AHD/2011, WHICH SHOULD BE RECTIFIED. 2. AFTER GOING THROUGH THE RECORDS, WE FIND THAT TH E CONTENTION FORWARDED BY THE REVENUE IN THESE MISCELLANEOUS APP LICATIONS IS CORRECT AND ACCORDINGLY, WE RECTIFY THE MISTAKE IN THE TRIB UNAL ORDER DATED 27.02.2012. WE HOLD THAT FOR I.T.(SS)A. NO. 569/AH D/2011 AND CROSS OBJECTION NO.283/AHD/2011, THE NAME OF THE ASSESSEE SHOULD BE READ AS MEGHMANI INDUSTRIES LTD. TO THIS EXTENT, THE COMBI NED TRIBUNAL ORDER DATED 27.02.2012 STANDS RECTIFIED. 3. IN THE RESULT, THESE MISCELLANEOUS APPLICATIONS OF THE REVENUE ARE ALLOWED. 4. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE M ENTIONED ABOVE. SD./- SD./- (KUL BHARAT) (A. K. GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER SP 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 M.A.NO.78 /AHD/2012 3 1. DATE OF DICTATION 10/12/2012 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 11/12/2012.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 07.12.2012 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. P.S./P.S.13/12 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 13/1 2/2012 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. .