Arvind Kantilal Shah, JAMNAGAR V. The Assistant Commissioner of Income Tax, Circle-3, JAMNAGAR

MA 19/RJT/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 7318 (ITAT-RAJKOT)
• Duration Of Justice: 5 month(s) 29 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 04-11-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 02-09-2011
• Assessment Year: 2002-2003
• Appeal Filed On: 06-05-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MK SINGH
• Assessee Lawyers: MEHUL PATEL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT BEFORE SHRI A.L. GEHLOT (AM) AND SHRI N.R.S. GANESA N (JM) M.A. NO.19/RJT/2011 (ARISING OUT OF I.T.A. NO.302/RJT/208) (ASSESSMENT YEAR 2002-03) ARVIND KANTILAL SHAH VS ACIT, CIR.3 5 TH FLOOR, CITY POINT JAMNAGAR OPP. TOWN HALL, JAMNAGAR PAN : ABJPS1321J (APPLICANT) (RESPONDENT) DATE OF HEARING : 02-09-2011 DATE OF PRONOUNCEMENT : -09-2011 APPLICANT BY : SHRI MEHUL PATEL RESPONDENT BY: SHRI MK SINGH O R D E R PER AL GEHLOT, AM THIS MISCELLANEOUS APPLICATION FILED BY THE ASSESS EE SEEKS RECALL OF THE ORDER DATED 23-12-2010 PASSED BY THE TRIBUNAL. 2. IT HAS BEEN SUBMITTED IN THE MISCELLANEOUS APPLI CATION THAT THE ITAT WHILE DECIDING THE ISSUE HAS NOT TAKEN INTO CONSIDERATION THE SUBMISSIONS OF THE ASSESSEE IN THE WRITTEN SUBMISSIONS EXPLAINING THAT THE AMOUNT OF RS. 24,21,197 TRANSFERRED BY BOMBAY MINERALS LTD TO OTHER ACCOUNT . IT IS FURTHER SUBMITTED THAT THE ASSESSEE HAS SUBMITTED WRITTEN SUBMISSION AT TH E TIME OF HEARING ON 16-11- 2010 EXPLAINING THE FACTS AND CIRCUMSTANCES OF THE ISSUE AND ALSO ATTACHED A COPY OF TWO ACCOUNTS OF THE ASSESSEE FOR ASSESSMENT YEARS 2000-01 AND 2002- 03. HOWEVER, IN THE SAID WRITTEN SUBMISSION, INADV ERTENTLY REFERENCEW OF ITA NO.9055/RJT/2008 WHICH WAS AN APPEAL AGAINST THE LE VY OF PENALTY WAS MENTIONED. DUE TO THIS INADVERTENT MISTAKE, THE IT AT HAS NOT CONSIDERED THE MA NO.19/RJT/2011 2 WRITTEN SUBMISSION. THEREFORE, IT WAS REQUESTED TH AT THE ITAT ORDER DATED 23-12- 2010 MAY BE RECALLED. 3. WE HAVE HEARD THE LEARNED REPRESENTATIVES OF THE PARTIES, RECORD PERUSED. WE FIND THAT IN THE SO-CALLED WRITTEN SUBMISSION IN RESPECT OF EXCESS AMOUNT OF RS. 24,71,197 RECEIVED FROM M/S BOMBAY MINERALS LTD THE APPEAL NUMBER WAS WRONGLY MENTIONED AS ITA NO.955/RJT/2008 WHICH IS A DIFFERENT APPEAL THAN THE APPEAL UNDER CONSIDERATION. AFTER CONSIDERING THE TOTALITY OF THE FACTS OF THE CASE IT WILL BE FAIR AND REASONABLE IF THE ITAT ORDER DA TED 23-12-2010 IS RECALLED FOR THE LIMITED PURPOSE OF CONSIDERING THE WRITTEN SUBMISSI ON AND FOR THAT PURPOSE HEARING OF BOTH THE PARTIES ARE NECESSARY. AS STAT ED ABOVE THAT THE ORDER IS RECALLED FOR A LIMITED PURPOSE TO CONSIDER THE SAID SUBMISSION. THE REGISTRY IS DIRECTED TO FIX THE APPEAL FOR HEARING IN DUE COURS E. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION IS ALLOWED AS INDICATED ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 11-09-2011. SD/- SD/- (N.R.S. GANESAN) (A.L. GEHLOT) JUDICIAL MEMBER ACCOUNTANT MEMBER RAJKOT, DT : SEPTEMBER, 2011 PK/- ORDER PRONOUNCED ON 11-11-2011 SD/- SD/- JM AM COPY TO: 1. ASSESSEE 2. REVENUE 3. THE CIT(A), JAMNAGAR 4. THE CIT, JAMNAGAR 5. THE DR, I.T.A.T., RAJKOT (TRUE COPY) BY ORDER ASSTT.REGISTRAR, ITAT, RAJKOT MA NO.19/RJT/2011 3