The Sandesh Limited, Ahmedabad V. The Dy. CIT., Central Circle-1(3), Ahmedabad

MA 183/AHD/2016

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 0636 (ITAT-AHMEDABAD)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 03-12-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2007-2008
• Appeal Filed On: 10-10-2016
• Court: TRIBUNAL

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL, C BENCH, AHMEDABAD BEFORE SHRI AMARJIT SINGH , ACCOUNTANT MEMBER AND MS MADHUMITA ROY, JUDICIAL MEMBER M.A NO.183/AHD/2016 IN ./ ITA NO. 283 / AHD/ 2011 / ASSTT. YEAR: 20 0 7 - 2008 THE SANDESH LIMITED, SANDESH BHAWAN, LAD SOCIETY ROAD, AHMEDABAD. PAN NO.AAACT5730D VS D . C . I . T, CENTRAL CIR.1(3) , AHMEDABAD. (APPLICANT) (RESPONENT) ASSESSEE BY : SHRI M. K. PATEL & ARTI N. SHAH , A.R S REVENUE BY : SHRI LALIT P. JAIN , SR.DR / DATE OF HEARING : 07 / 09 /201 8 / DATE OF PRONOUNCEMENT: 03 / 12 /201 8 / O R D E R PER MS MADHUMITA ROY, JUDICIAL MEMBER : IN THE INSTANT MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS FOR RE - CALLING FOR THE ORDER DATED 05/09/2014 , PASSED BY THE CO - ORDINATE BENCH, IN ITA NO. 283/AHD/2011 FOR THE ASSESSMENT YEAR 20 0 7 - 08. THE OPERATIVE PORTION WHICH HAS BEEN PRAYED TO BE RECALL IS AS FOL LOWS: 2.1 WITH REGARD TO THE SAME, IN PARA 7 THE HON BLE I.T.A.T HAS DECIDED AS UNDER: M.A NO.152 /AHD/2018 IN ITA NO.2151/AHD/2014 A.Y.2010 - 11 . 2 7. THE LEARNED DR HAS SUBMITTED THAT THE ISSUE OF ADDITION UNDER SECTION 14A WAS RESTORED TO THE TILE OF THE AO BY THE TRIBUNAL IN ASSESSEE S OWN CASE FOR EARLIER ASSESSMENT YEARS VIDE ITS ORDER DATED 9.1.2009 (SUPRA). THE LEARNED AR HAS SUPPORTED THE SUBMISSIONS OF THE LEARNED DR. WE HAVE CONSIDERED RIVAL SUBMISSIONS. WE FIND THAT THE ITAT, AHMEDABAD IN ASSESSEE S OWN CASE FOR EARLIER ASSESSME NT YEAR VIDE THEIR ORDER DATED 9.1.2009 (SUPRA) HAS RESTORED THE ISSUE TO THE FILE OF THE AO FOR RECONSIDERATION IN THE LIGHT OF RULE 8D. ACCORDINGLY, THE ISSUE IN THIS GROUND OF THE APPEAL OF THE REVENUE IS RESTORED TO THE FILE OF THE AO FOR RE - ADJUDICATI ON IN ACCORDANCE WITH LAW AFTER PROVIDING REASONABLE OPPORTUNITY OF HEARING TO THE ASSESSEE, AND IN THE LIGHT OF THE PROVISION OF RULE 8D . WE DIRECT ACCORDINGLY ' 2. AT THE TIME OF HEARING OF THE INSTANT MISCELLANEOUS APPLICATION THE LD.A.R, SUBMITTED BEFORE US THAT IN TERMS OF THE JUDGMENT PASSED BY THE HON BLE BOMBAY HIGH COURT, IN THE CASE OF GODREJ & BOYCE MFG. CO. LTD. VS DCIT (328 ITR 81) RULE 8D WAS APPLICABLE FROM ASSESSMENT YEAR 2008 - 09 AND NOT EARLIER WHICH WAS ALSO TAKEN INTO CONSIDERATION BY THE LD.CIT(A) IN APPEAL. HOWEVER, THE HON TRIBUNAL IN THE ORDER UNDER RECALL WHILE RESTORING THE MATTER TO THE FILE OF LD.AO RELIED UPON THE JUDGMENT OF SPECIAL BENCH OF ITAT PASSED IN THE CASE OF M/S.DAGA CAPITAL MANAGEMENT PVT. LTD. AND IN TERMS OF THE SAID JUDGMENT THE LD.AO WAS DIRECTED TO CONSIDERED RULE 8D FOR ASSESSMENT YEAR 2007 - 08. HE FURTHER POINTED OUT THAT THE SAID JUDGMENT PASSED IN M/S.DAGA CAPITAL MANAGEMENT PVT. LTD. WAS SUBSEQUENTLY OVER RULED BY THE JUDGMENT PASSED IN THE CAS E OF GODREJ & BOYCE MFG. CO. LTD. (SUPRA). IN VIEW OF THE MATTER HE PRAYS FOR RECALLING OF THE SAID ORDER PASSED BY THE CO - ORDINATE BENCH, SINCE THE VERY BASIS ON WHICH THE SAID ORDER WAS PASSED BY THE JUDGMENT OF SPECIAL BENCH OF ITAT IN THE MATTER OF M/S DAGA CAPITAL MANAGEMENT PVT. LTD. HAS BEEN OVER RULED AS MENTIONED ABOVE. 3. THE LD.REPRESENTATIVE OF THE DEPARTMENT, HOWEVER, RELIED UPON THE ORDER PASSED HON BLE ITAT ON 05/09/2014 . M.A NO.152 /AHD/2018 IN ITA NO.2151/AHD/2014 A.Y.2010 - 11 . 3 4. H EARD THE LD.COUNSEL A PPEARING FOR THE PARTIES, PERUSED THE RELEVANT M ATERIALS AVAILABLE ON RECORDS . W E FIND FROM TH E RECORDS THAT THE SUBMISSION MADE BY THE LD.COUNSEL SEEMS TO BE GENUINE PARTICULARLY UPON TAKING INTO CONSIDERATION THE CONTENTIONS MADE BY THE LD.REPRESENTATIVE OF THE ASSESSEE IN THE MISCELLANEOUS APPLIC ATION . WE FIND THAT THE ORDER PASSED ON 05/09/2014, IS REQUIRED TO THE RECALLED HENCE WE RECALL THE SAME . REGISTRY IS DIRECTED TO PUT TH E MATTER ON BOARD IN DUE COURSE AND TO SERVE NOTICE TO THE PARTIES TO THE EFFECT. 5 . IN THE RESULT, THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS ALLOWED . ORDER PRONOUNCED IN THE COURT ON 03 / 12 / 201 8 AT AHMEDABAD. - SD - ( AMARJIT SINGH ) ACCOUNTANT MEMBER - SD - ( MS. MADHUMITA ROY ) JUDICIAL MEMBER TRUE COPY AHMEDABAD; DATED 03 / 12 / 201 8 MANISH / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ( ) / THE CIT(A), AHMEDABAD 5. , , / DR, ITAT, AHMEDABAD 6. / GUARD FILE . / BY ORDER, / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD