Nirma Credit & Capital Ltd., Ahmedabad V. The ACIT, Central Circle-1(1)( Now Assessed By ACIT, Circle-5,), Ahmedabad

MA 196/AHD/2013

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 1765 (ITAT-AHMEDABAD)
• Duration Of Justice: 5 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 02-05-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 02-05-2014
• Assessment Year: 2002-2003
• Appeal Filed On: 13-11-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ACIT CENT CIR AHMEDABAD
• Assessee Lawyers: S N SOPARKAR

Judgement Text

, , , , A, IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD, A BENCH . .. . . .. . , !' !' !' !', , , , #$ %&'( #$ %&'( #$ %&'( #$ %&'(, , , , )* + ) ' )* + ) ' )* + ) ' )* + ) ' BEFORE S/SHRI G.C. GUPTA, VICE-PRESIDENT AND ANIL CHATURVEDI, ACCOUNTANT MEMBER) MA NO.196/AHD/2013 IN ITA NO.1243/AHD/2006 [ASSTT.YEAR : 2002-2003] NIRMA CREDIT & CAPITAL P. LTD. AHMEDABAD. /VS. ACIT, CENT.CIR.1(1) (NOW ASSESSED BY ACIT, CENT.CIR.5) AHMEDABAD. ( (( (-. -. -. -. / APPELLANT) ( (( (/0-. /0-. /0-. /0-. / RESPONDENT) 1& 2 3 )/ ASSESSEE BY : SHRI S.N.SOPARKAR + 2 3 )/ REVENUE BY : SHRI P.L. KUREEL, SR.DR 5 2 &(*/ DATE OF HEARING : 2 ND MAY, 2014 678 2 &(*/ DATE OF PRONOUNCEMENT : 02-05-2014 )9 / O R D E R PER G.C. GUPTA, VICE-PRESIDENT: BY THIS MA, THE ASSESSEE HAS REQUESTED FOR RECTIFICATION IN THE ORDER OF THE TRI BUNAL IN THE CASE OF THE ASSESSEE FOR THE ASSESSMENT YEAR 2002-2003 IN ITA N O.1243/AHD/2016 DATED 15.2.2013. 2. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED T HAT THE ONLY MISTAKE IN THE ORDER OF THE TRIBUNAL WAS THAT THE GROUND OF APPEAL NO.5 OF THE MA NO.196/AHD/2013 -2- ASSESSEE WAS NOT ADJUDICATED UPON BY THE TRIBUNAL. THE GROUND NO.5 OF THE APPEAL READS AS UNDER: 5. IN LAW AND IN THE FACTS AND CIRCUMSTANCES OF TH E APPELLANTS CASE, THE LD.CIT(A) ERRED IN CONFIRMING THE AOS AC TION IN NOT GIVING DUE CREDIT OF TAX DEDUCTED AT SOURCE OF RS.10,58,23 1/- 3. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED T HAT THIS GROUND MAY BE DISPOSED OF, IN THE ORDER TO BE PASSED BY THE TR IBUNAL, AS THE ONLY ISSUE IN THIS GROUND OF THE APPEAL OF THE ASSESSEE WAS RE GARDING NOT ALLOWING OF CREDIT OF TAX DEDUCTED AT SOURCE OF RS.10,58,231/-. THE LEARNED DR SUBMITTED THAT THE MISTAKE POINTED OUT IS APPARENT FROM THE RECORD, AND HE HAS NO OBJECTION IF THE ISSUE IN THE GROUND NO.5 OF APPEAL OF THE ASSESSEE IS DECIDED. HE SUBMITTED THAT THE ISSUE MAY BE RESTOR ED TO THE FILE OF THE AO FOR VERIFICATION REGARDING THE TAX DEDUCTED AT SOUR CE. 4. WE HAVE CONSIDERED RIVAL SUBMISSIONS. WE FIND T HAT THERE IS AN APPARENT MISTAKE IN THE ORDER OF THE TRIBUNAL DATED 15.2.2013 WHILE DISPOSING OF THE ITA NO.1243/AHD/2006 IN THE APPEAL OF THE ASSESSEE FOR THE ASSTT.YEAR 2002-2003 THAT THE GROUND NO.5 OF TH E APPEAL (REPRODUCED HEREINABOVE) WAS NOT ADJUDICATED UPON. WE HAVE CON SIDERED SUBMISSIONS OF THE PARTIES ON THE MERITS OF THIS ISSUE. WE FIN D THAT THE MISTAKE IS APPARENT FROM THE RECORD, AND ACCORDINGLY, THE GROU ND NO.5 OF THE APPEAL OF THE ASSESSEE FOR THE ASSTT.YEAR 2002-2003 IN ITA NO.1243/AHD/2006 IS DISPOSED OF WITH THIS ORDER. WE FIND THAT THE ONLY ISSUE IN THE GROUND OF THE APPEAL OF THE ASSESSEE IS REGARDING NOT ALLOWIN G THE DUE CREDIT OF THE TAX DEDUCTED AT SOURCE IN THE CASE OF THE ASSESSEE. THIS ISSUE REQUIRES VERIFICATION AT THE STAGE OF THE AO, AND WE ACCORDI NGLY RESTORE THIS ISSUE IN THIS GROUND OF THE APPEAL OF THE ASSESSEE TO THE FI LE OF THE AO WITH DIRECTION TO ALLOW THE CREDIT THEREOF, IF FOUND ALL OWABLE, AS PER LAW AND MA NO.196/AHD/2013 -3- SHALL ALSO GRANT OPPORTUNITY OF HEARING TO THE ASSE SSEE. WE DIRECT ACCORDINGLY. 5. IN THE RESULT, THE MA OF THE ASSESSEE IS ALLOWED , AS ABOVE. ORDER PRONOUNCED IN OPEN COURT AT THE TIME OF HEARI NG OF THE APPEAL ON 2 ND MAY, 2014. SD/- SD/- ( %&'( %&'( %&'( %&'( / ANIL CHATURVEDI) )* + )* + )* + )* + /ACCOUNTANT MEMBER ( . .. . . .. . /G.C. GUPTA) !' !' !' !' /VICE-PRESIDENT C OPY OF THE ORDER FORWARDED TO: 1) : APPELLANT 2) : RESPONDENT 3) : CIT(A) 4) : CIT CONCERNED 5) : DR, ITAT. BY ORDER DR/AR, ITAT, AHMEDABAD