The ITO, Ward-4(2), Ahmedabad V. Kalpvruksha Estate & Finance P. Ltd., Ahmedabad

MA 192/AHD/2013

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 1334 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 month(s) 27 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 24-01-2014
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 17-01-2014
• Assessment Year: 2005-2006
• Appeal Filed On: 28-10-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: O P BATHEJA
• Assessee Lawyers: S N DIVATIA
• Keywords: Tax effect

Judgement Text

, , , , , , , , IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH A BENCH, AHMEDABAD .., ! ! ! ! ' #$, BEFORE SHRI N.S. SAINI, ACCOUNTANT MEMBER AND SHRI KUL BHARAT, JUDICIAL MEMBER MA NO.192/AHD/2013 - AY 2005-06 ( IN !./ IN I.T.A. NO.683/AHD/2012) ( & '& & '& & '& & '& / / / / ASSESSMENT YEAR : 2005-06) THE ITO WARD-4(2) AHMEDABAD / VS. KALPVRUKSHA ESTATE & FINANCE PVT.LTD. 30, ASIA HOUSE NR.SWASTIK 4 RASTA NAVRANGPURA, AHMEDABAD-380 009 ( !./)* !./ PAN/GIR NO. : AAACK 8013 G ( APPLICANT ) .. ( +,(- / RESPONDENT ) REVENUE BY : SHRI O.P. BATHEJA, SR.D.R. ASSESSEE BY : SHRI S.N. DIVATIA, AR ' . / $0 / / / / DATE OF HEARING : 17/1/2014 12' / $0 / DATE OF PRONOUNCEMENT : 24/1/2014 3 / O R D E R PER SHRI KUL BHARAT, JUDICIAL MEMBER : THE REVENUE HAS FILED THE MISCELLANEOUS APPLICATIO N DATED 28/10/2013 AGAINST THE ORDER OF THIS TRIBUNAL (ITAT A BENCH AHMEDABAD) PASSED IN ITA NO.683/AHD/2012 FOR AY 2005-06, DATED 18/01/201 3. 2. THE LD.SR.DR SUBMITTED THAT THE ASSESSEES APPEA L WAS DISMISSED BY THE TRIBUNAL ON THE GROUND OF THE LOW TAX EFFECT IN TE RMS OF CBDT CIRCULAR NO.3 OF 2011 DATED 09/02/2011. IT IS SUBMITTED BY THE L D.SR.DR THAT, IN FACT, THE TAX EFFECT RS.3,09,075/- IS HIGHER THAN THE LIMIT PRESC RIBED UNDER THE CBDT CIRCULAR NO.3 OF 2011 DATED 09/02/2011. MA NO.192/AHD/2013 (IN ITA NO.683/AHD/2012) ITO VS. KALPVRUKSHA ESTATE & FINANCE P.LTD. ASST.YEAR 2005-06 - 2 - 2.1. ON THE OTHER HAND, THE LD.COUNSEL FOR THE ASS ESSEE DID NOT CONTROVERT THIS SUBMISSION. 3. WE HAVE HEARD THE PARTIES AND PERUSED THE MATERI AL AVAILABLE ON RECORD. LD.COUNSEL FOR THE ASSESSEE COULD NOT CONTROVERT TH E CONTENTION OF THE LD.SR.DR THAT THE TAX EFFECT INVOLVED IS HIGHER THAN RS.3 LA CS. WE FIND THAT THE APPEAL OF THE REVENUE WAS DISMISSED ON THE BASIS OF LOW TAX E FFECT. IN VIEW OF THE SUBMISSIONS MADE BY THE LD.SR.DR AND THE WORKING GI VEN IN PARA-5 OF THE APPLICATION, WE ARE OF THE CONSIDERED VIEW THAT THE RE IS APPARENT MISTAKE ON RECORD AND THE SAME NEEDS TO BE CORRECTED. AFTER C ONSIDERING THE TOTALITY OF THE FACTS, WE HEREBY RECALL THE TRIBUNAL ORDER DATED 18 /01/2013 PASSED IN ITA NO.683/AHD/2012 FOR AY 2005-06(SUPRA) AND FIX THE D ATE FOR HEARING THE APPEAL ON 06/03/2014 . THEREFORE, THE REGISTRY IS DIRECTED TO FIX THE A PPEAL ON 06/03/2014 AND NOTICE IS DISPENSED WITH SINCE BOTH THE PARTIES HAVE BEEN INFORMED. 4. IN THE RESULT, MISCELLANEOUS APPLICATION FILED B Y THE REVENUE IS ALLOWED. ORDER PRONOUNCED IN COURT ON THE DATE MENTIONED HER EINABOVE AT CAPTION PAGE SD/- SD/- ( .. ) (' #$) ( N.S. SAINI ) ( KUL BHARAT ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 24/ 01 /2014 60.., .../ T.C. NAIR, SR. PS MA NO.192/AHD/2013 (IN ITA NO.683/AHD/2012) ITO VS. KALPVRUKSHA ESTATE & FINANCE P.LTD. ASST.YEAR 2005-06 - 3 - 3 / +$7 87'$ 3 / +$7 87'$ 3 / +$7 87'$ 3 / +$7 87'$/ COPY OF THE ORDER FORWARDED TO : 1. (- / THE APPLICANT. 2. +,(- / THE RESPONDENT. 3. !! $ '9 / CONCERNED CIT 4. '9() / THE CIT(A)-VIII, AHMEDABAD 5. 7 #: +$ , , / DR, ITAT, AHMEDABAD 6. :;& <. / GUARD FILE. 3' 3' 3' 3' / BY ORDER, ,7$ +$ //TRUE COPY// = == =/ // / !) !) !) !) ( DY./ASSTT.REGISTRAR) , , , , / ITAT, AHMEDABAD 1. DATE OF DICTATION .. 17.1.14(DICTATION-PAD 3-P AGES ATTACHED AT THE END OF THIS FILE) 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 20.1.14 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 5. DATE ON WHICH FAIR ORDER PLACED BEFORE OTHER MEMBER 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S.24.1.14 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 24.1.14 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK ... 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 10. DATE OF DESPATCH OF THE ORDER