The DCIT, Circle-5, Ahmedabad V. M/s. Oscar Chemicals Pvt.Ltd., Ahmedabad

MA 18/AHD/2010

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 5876 (ITAT-AHMEDABAD)
• Duration Of Justice: 10 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 10-12-2010
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2005-2006
• Appeal Filed On: 09-02-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: J M TRIVEDI
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH C AHMEDABAD BEFORE SHRI MAHAVIR SINGH, JUDICIAL MEMBER AND SHRI A.N. PAHUJA, ACCOUNTANT MEMBER M.A.NO.18/AHD/2010 (ARISING OUT WITH ITA NO.709/AHD/2009 MA NO.130/AHD/2010 (ARISING OUT CO NO.78/AHD/2009) ASSESSMENT YEAR: 2005-06 DATE OF HEARING:20.12.10 DRAFTED:10.1 2.10 DCIT, CIRCLE-5, AHMEDABAD OSCAR CHEMICALS PVT. LTD. 404, FLORENCE, OPP. ASHRAM ROAD, AHMEDABAD V/S . V/S . OSCAR CHEMICALS PVT. LTD. 404, FLORENCE, OPP. ASHRAM ROAD, P.O. ASHRAM ROAD, AHMEDABAD PAN NO.AAACO2267L DCIT, CIRCLE-5, AHMEDABAD (ORIGINAL APPELLANT) (ORIGINAL RESPONDENT) (APPELLANT) .. (RESPONDENT) ASSESSEE BY :- SHRI K. MADHUSUDAN, DR REVENUE BY:- SHRI J.M. TRIVEDI, AR O R D E R PER MAHAVIR SINGH, JUDICIAL MEMBER:- BY WAY OF THIS MISCELLANEOUS (MA), THE REVENUE HAS REQUESTED THE BENCH FOR RECALLING THE ORDER PASSED IN ITA NO.709/AHD/2009 DATED 31-08-2009 AND ASSESSEE HAS REQUESTED FOR RE-CALLING OF CONSEQUENTIAL DISMI SSAL OF CO. 2. AT THE OUTSET, THE LD. COUNSEL AS WELL AS LD. SR -DR REQUESTED THAT BOTH THE APPEAL OF THE REVENUE AND THE CO OF THE ASSESSEE CA N BE RECALLED AS THE REVENUES APPEAL WAS DISMISSED BEING LOW TAX EFFECT CASE, WHEREAS THE TAX EFFECT MA NO.18 & 130/AHD/2010 (A/O ITA NO.798/AHD/08) DCIT CIR-5, ABD V. OSCAR CHEMICALS PVT. LTD. PAGE 2 WAS MORE THAN THE PRESCRIBED LIMIT. AS BOTH THE PAR TIES AGREED THAT THE REVENUES APPEAL AS WELL AS CO OF ASSESSEE BE RECALLED, WE RE CALL BOTH AND FIXED THESE TWO ON 15-02-2011. NO FURTHER NOTICE WILL BE SENT TO EITHE R OF THE PARTIES. 3. IN THE RESULT, REVENUES MA AND THAT OF ASSESSEES MA IS ALLOWED. ORDER PRONOUNCED IN OPEN COURT ON 10/12 /2010 SD/- SD/- (A.N. PHAUJA) (MAHAVIR SINGH) (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) AHMEDABAD, DATED : 10/12/2010 *DKP COPY OF THE ORDER FORWARDED TO :- 1. THE ASSESSEE. 2. THE REVENUE. 3. THE CIT(APPEALS)- IX, AHMEDABAD 4. THE CIT CONCERNS. 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER, /TRUE COPY/ DEPUTY / ASSTT.REGISTRAR ITAT, AHMEDABAD