The DCIT, Circle-2, Ahmedabad V. M/s. A One Chemicals, Ahmedabad

MA 185/AHD/2018

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 0312 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 6 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 27-12-2019
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2009-2010
• Appeal Filed On: 15-06-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: S N DIVATIA
• Keywords: Rectification of order; Audit objection; Tax effect

Judgement Text

, D IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, AHMEDABAD BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & SMT. MADHUMITA ROY, JUDICIAL MEMBER MISCELLANEOUS APPLICATION NO. 185/AHD/2018 A.Y. 2 009-10 ( IN I.T.A. NO. 521/AHD/2016 - A.Y. 2009-10 ) THE DCIT CIRCLE-1(2), AHMEDABAD / VS. M/S. A ONE CHEMICALS 302, SHANTI HOUSE, NR. NAVRANGPURA TELEPHONE EXCHANGE, C G ROAD, AHMEDABAD - 380009 / / PAN/GIR NO. : AADFA0198A ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI VIDHYUT TRIVEDI, SR.D.R. / RESPONDENT BY : SHRI S. N. DIVATIA, A.R. / DATE OF HEARING 20/12/2019 !'# / DATE OF PRONOUNCEMENT 27/12/2019 / O R D E R PER PRADIP KUMAR KEDIA - AM: THE CAPTIONED MISCELLANEOUS APPLICATION HAS BEEN FI LED AT THE INSTANCE OF REVENUE SEEKING RECTIFICATION OF ORDER DATED 19.01.2018 PASSED BY THE TRIBUNAL UNDER S. 254(1) OF THE ACT. 2. THE REVENUE HAS CLAIMED THAT THE APPEAL OF THE R EVENUE DOES NOT FALL WITHIN THE AMBIT OF CBDT CIRCULAR NO. 21 OF 20 15 DATED 10.12.2015 AS REGARDS TAX EFFECT IN VIEW OF THE FACT THAT THE CASE OF THE ASSESSEE FALLS WITHIN THE EXCEPTION PROVIDED AS PER PARA 8(C) OF T HE CBDT INSTRUCTION NO.21/2015 DATED 10/12/2015. THE LEARNED DR FOR TH E REVENUE REFERRED M.A. NO. 185/AHD/18 [DCIT VS. M/S. A ONE CHEMICALS] A.Y. 2009-10 - 2 - TO THE REVENUE AUDIT OBJECTION ON ISSUE NO.1 RAISED IN THE REVENUES APPEAL IN THIS REGARD. 3. THE LEARNED AR FOR THE ASSESSEE FAIRLY CONCEDED THAT THE CASE WOULD FALL WITHIN THE EXCEPTION AND IS LIABLE TO BE RECALLED, BUT, HOWEVER, IT WAS SUBMITTED IN VAIN THAT THE ASSESSEE HAS PRIMA FACIE CASE ON MERITS. IN THE LIGHT OF THE AVERMENTS MADE IN THE APPLICATI ON FOR RESTORATION OF REVENUES APPEAL, WE FIND MERIT IN THE APPLICATION OF THE REVENUE. THE APPELLATE ORDER PASSED BY THE CO-ORDINATE BENCH IN ITA NO.521/AHD/2016 DATED 19.01.2018 IS ACCORDINGLY CANCELLED AND THE A PPEAL OF THE REVENUE IS RECALLED FOR ADJUDICATION ON MERITS. THE MATTER IS FIXED FOR HEARING IN REGULAR COURSE ON 26.02.2020 FOR WHICH THE PARTIES HAVE BEEN DULY INFORMED AND THEREFORE, FORMAL NOTICE OF HEARING HA S BEEN DISPENSED WITH. 5. IN THE RESULT, MISCELLANEOUS APPLICATION FILED B Y THE REVENUE IS ALLOWED. SD/- SD/- (MADHUMITA ROY) (PRADIP KUMAR KE DIA) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD: DATED 27/12/2019 TRUE COPY S. K. SINHA ! / COPY OF ORDER FORWARDED TO:- & / REVENUE 2 / ASSESSEE ( ) *+ , / CONCERNED CIT 4 ,- / CIT (A) / 012 33*+4 *+#4 56) / DR, ITAT, AHMEDABAD 7 289 : / GUARD FILE. BY ORDER / 4 / 5 *+#4 56) THIS ORDER IS PRONOUNCED IN THE OPEN COURT ON 27 /12/2019