Vodafone West Limited( Formerly known as Vodafone Essar(Gujarat) Limited), Ahmedabad V. The ACIT.,Circle-8, Ahmedabad

MA 207/AHD/2013

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 5509 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 5 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 05-05-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2005-2006
• Appeal Filed On: 02-12-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: VILAS V SHINDE
• Assessee Lawyers: ROHIT PANSARI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD A BENCH AHMEDABAD BEFORE, SHRI S. S. GODARA, JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER M.A . NO. 207/AHD/2013 (IN ITA NO. 1843/AHD/2010) (ASSESSMENT YEAR:2005-06) VODAFONE WEST LIMITED [FORMERLY KNOWN AS VODAFONE ESSAR GUJARAT LIMITED] 6 TH FLOOR, SAKAR-II, ELLISBRIDGE, AHMEDABAD APPELLANT VS. ACIT, CIRCLE-8, AHMEDABAD RESPONDENT PAN: AAACF1190P /BY ASSESSEE : SHRI ROHIT PANSARI, A.R. /BY REVENUE : SHRI VILAS V. SHINDE, SR. D.R. /DATE OF HEARING : 05.05.2017 /DATE OF PRONOUNCEMENT : 05.05.2017 ORDER PER S. S. GODARA, JUDICIAL MEMBER THIS ASSESSEES MISCELLANEOUS APPLICATION FILED U/S . 254(2) OF THE INCOME TAX ACT, 1961, IN SHORT THE ACT SEEKS TO R ECALL/RECTIFY TRIBUNALS ORDER DATED 12.07.2013 REMITTING THE PENALTY ISSUE OF RS.210,33,19,341/- BACK TO THE CIT(A). 2. LEARNED COUNSEL SUBMITS AT THE OUTSET THAT THE A SSESSEE DOES NOT WISH TO PRESS THE INSTANT MISCELLANEOUS APPLICATION IN VIEW OF THE FACT THAT IT HAS ALREADY SUCCEEDED IN CONSEQUENTIAL GROUND OF APPEAL BEFORE THE TRIBUNAL ON 11.01.2017. LEARNED COUNSEL THEREAFTER FILES BEFOR E US A COPY OF THE SAID M. A. NO. 207/AHD/2013 ( VODAFONE WEST LTD. VS. AC IT) A.Y. 2005-06 - 2 - ORDER ON RECORD. LEARNED DEPARTMENTAL REPRESENTATI VE IS FAIR ENOUGH IN NOT DISPUTING ALL THESE DEVELOPMENTS. WE THEREFORE ACC EPT ASSESSEES PLEA OF SEEKING TO WITHDRAWAL OF THE INSTANT MISCELLANEOUS APPLICATION AS RENDERED INFRUCTUOUS. 3. THIS ASSESSEES MISCELLANEOUS APPLICATION IS DIS MISSED AS HAVING RENDERED INFRUCTUOUS. [PRONOUNCED IN THE OPEN COURT ON THIS THE 5 TH DAY OF MAY, 2017.] SD/- SD/- ( AMARJIT SINGH ) (S. S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD: DATED 05/05/2017 TRUE COPY S.K.SINHA / COPY OF ORDER FORWARDED TO:- / REVENUE 2 / ASSESSEE ! / CONCERNED CIT 4 !- / CIT (A) ( )*+ ,--. . /0 / DR, ITAT, AHMEDABAD 1 +23 45 / GUARD FILE. BY ORDER / . // . /0