The Asstt. Commissioner of Income-tax, Amritsar. V. M/s. National Construction Co., Amritsar.

MA 2/ASR/2013

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 1055 (ITAT-AMRITSAR)
• Duration Of Justice: 10 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 22-11-2013
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2006-2007
• Appeal Filed On: 02-01-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: AMRIK CHAND
• Assessee Lawyers: BALDEV PATHANIA
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH; AMRITSAR. BEFORE SH. H.S. SIDHU, JUDICIAL MEMBER AND SH. B.P. JAIN, ACCOUNTANT MEMBER M.A. NO. 02(ASR)/2013 (IN I.T.A. NO. 67(ASR)/2011) ASSESSMENT YEAR: 2006-07 PAN:AAAFN8509P ASSISTANT COMMISSIONER OF VS. M/S NATIONAL C ONSTRUCTION CO., INCOME-TAX, CIRCLE V, AMRITSAR AMRITSAR (APPELLANT) (RESPONDENT) APPELLANT BY: SH. AMRIK CHAND, DR RESPONDENT BY: SH. BALDEV PATHANIA, CA DATE OF HEARING: 22.11.2013 DATE OF PRONOUNCEMENT: 22.11.2013 ORDER PER BENCH 1. THE REVENUE HAS FILED THE PRESENT MISCELLANEOUS A PPLICATION FOR RECALLING OF ORDER DATED 06.08.2012 WHEREBY THI S BENCH DISMISSED THE APPEAL OF THE REVENUE BY HOLDING THAT THE TAX EFFEC T INVOLVED IN THE PRESENT APPEAL OF THE REVENUE IS LESS THAN RS. 3 LA KHS AND CONTRARY TO THE 2 M.A. NO. 02(ASR)/2013 (IN I.T.A. NO. 67(ASR)/2011) INSTRUCTION NO. 3 OF 2011, DATED 9 TH FEBRUARY, 2011 OF CBDT. BUT AT THE TIME OF HEARING, BOTH PARTIES AGREED THAT THE TAX E FFECT INVOLVED IN THE PRESENT APPEAL IS MORE THAN 3 LAKHS, AND STATED THA T THERE IS A MISTAKE IN THE ORDER DATED 06.08.2012. 2. AFTER HEARING BOTH THE PARTIES AND PERUSING THE RELEVANT MATERIALS AVAILABLE WITH US, WE ARE OF THE VIEW THA T THERE IS A MISTAKE, APPARENT FROM RECORD, IN THE ORDER DATED 6 TH AUGUST, 2012 BY WRITING THAT THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL OF TH E REVENUE IS LESS THAN 3 LAKHS BUT IN FACT THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL OF THE REVENUE IS MORE THAN 3 LAKHS, AS AGREED BY BOTH THE PARTIES. THEREFORE, THE ORDER DATED 6 TH AUGUST, 2012 DESERVES TO BE RECALLED. ACCORDINGLY, WE RECALL THE ORDER DATED 6 TH AUGUST, 2012 AND REGISTRY IS DIRECTED TO FIX THE MAIN APPEAL FOR HEARING BEFORE THIS BENCH ON 9 TH JANUARY, 2014. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 22 ND NOVEMBER, 2013 SD/./- SD/./- (B.P. JAIN) (H.S. SIDHU) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 22 ND NOVEMBER, 2013 /RK/ COPY OF THE ORDER FORWARDED TO: 3 M.A. NO. 02(ASR)/2013 (IN I.T.A. NO. 67(ASR)/2011) 1. THE ASSESSEE: M/S NATIONAL CONSTRUCTION CO., AMRIT SAR 2. THE ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE V, AMRITSAR 3. THE CIT(A), ASR 4. THE CIT, ASR 5. THE SR DR, I.T.A.T., ASR TRUE COPY BY ORDER (ASSISTANT REGISTRAR) INCOME TAX APPELLATE TRIBUNAL, AMRITSAR BENCH: AMRITSAR.