The ACIT, Circle-4, Baroda V. M/S Transpek Indus Ltd, Baroda

MA 208/AHD/2010

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6294 (ITAT-AHMEDABAD)
• Duration Of Justice: 8 month(s) 5 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 27-05-2011
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 1997-1998
• Appeal Filed On: 22-09-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: P L KUREEL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH D BEFORE SHRI MUKUL SHRAWAT, JUDICIAL MEMBER AND SHRI D.C. AGRAWAL, ACCOUNTANT MEMBER DATE OF HEARING : 27/5/2011 DRAFTED ON: MA NO.208/AHD/2010 ( ARISING OUT OF ITA NO.545/AHD/2002 ) ASSESSMENT YEAR : 1997-98 THE ACIT BARODA CIRCLE-4 BARODA ( ORIGINAL APPELLANT ) VS. TRANSPEK INDUSTRY LTD. 6 TH FLOOR, MARBLE ARC RACE COURSE CIRCLE BARODA ( ORIGINAL RESPONDENT ) PAN/GIR NO. : AAACT 8639 B (APPLICANT) .. (RESPONDENT) APPLICANT BY : SHRI P.L.KUREEL, SR. D.R. RESPONDENT BY: SHRI SANJAY R.SHAH O R D E R PER SHRI MUKUL SHRAWAT, JUDICIAL MEMBER :- THROUGH THIS MISCELLANEOUS APPLICATION FILED ON 2 2/09/2010 THE REVENUE DEPARTMENT HAS STATED THAT VIDE ORDER DATED 16/02/2010 RESPECTED ITAT AHMEDABAD (CAMP AT VADODARA) A REVE NUES APPEAL WAS DECIDED, HOWEVER, FEW GROUNDS COULD NOT BE ADJU DICATED. THE LEARNED DEPARTMENTAL REPRESENTATIVE MR.P.L.KUREEL A PPEARED AND PLACED RELIANCE ON THE FOLLOWING PORTION OF THE MIS CELLANEOUS APPLICATION; REPRODUCED BELOW: WHILE DISPOSING OFF THE APPEAL FILED BY THE REVENU E, VIDE THEIR ORDER DATED 16.2.2010 IN ITA NO.545/AHD/2002 THE HO N.ITAT, THE FOLLOWING ISSUES HAVE REMAINED TO BE ADJUDICATED MA NO.20 8 /AHD/2010 (ARISING OUT OF ITA NO.545/AHD/2002) ACIT VS. TRANSPEK IND.LTD. ASST.YEAR 1997-98 - 2 - [A] ADDITION OF RS.4,02,000 ON ACCOUNT OF EXCISE D UTY PAYABLE ON CLOSING STOCK OF FINISHED GOODS. [B] TO EXCLUDE SALES TAX AND EXCISE DUTY FROM THE TURNOVER FOR THE PURPOSE OF WORKING OUT DEDUCTION U/S.80HHC OF THE ACT. IT CAN, THUS, BE SEEN THAT THE GROUND TAKEN BY THE REVENUE BEFORE THE HON. ITAT HAS REMAINED TO BE ADJUDICATED . SINCE THIS BEING A MISTAKE APPARENT FROM RECORDS, THE CIT II, BARODA VIDE HIS LETTER NO.BRD/CIT-II/HQ/D-14/260A/1 0-11 DATED 20.8.20210(SIC.) HAS DIRECTED TO FILE A MISCE LLANEOUS APPLICATION IN THIS REGARD. 2. FROM THE SIDE OF THE RESPONDENT-ASSESSEE, MR. SA NJAY R.SHAH APPEARED AND AFFIRMED THAT TWO GROUNDS COULD NOT B E ADJUDICATED. 3. ON HEARING THE SUBMISSIONS OF BOTH THE SIDES, ON CE IT WAS AN ADMITTED POSITION THAT WHILE DECIDING THE APPEAL OF THE REVENUE (REFERRED SUPRA), THE ABOVEMENTIONED TWO GROUNDS REMAINED UND ECIDED, THEREFORE, IN THE FITNESS OF CIRCUMSTANCES, WE HEREBY RECALL T HAT ORDER OF THE TRIBUNAL DATED 16/02/2010 FOR THE LIMITED PURPOSE T O ADJUDICATE THESE TWO GROUNDS, NEEDLESS TO SAY, AFTER PROVIDING AN ADEQUA TE OPPORTUNITY OF HEARING, HENCE, THE REGISTRY IS DIRECTED TO TAKE AP PROPRIATE RECOURSE OF POSTING THE APPEAL OF THE REVENUE IN DUE COURSE. W E ORDER ACCORDINGLY. MA NO.20 8 /AHD/2010 (ARISING OUT OF ITA NO.545/AHD/2002) ACIT VS. TRANSPEK IND.LTD. ASST.YEAR 1997-98 - 3 - 4. IN THE RESULT, MISCELLANEOUS APPLICATION FILED B Y THE REVENUE IS ALLOWED. ORDER PRONOUNCED IN THE COURT ON 27/ 05 / 2011. SD/- SD/- ( D.C. AGRAWAL ) ( MUKUL KR. SHRAWAT ACCOUNTANT MEMBER JUDICIAL MEMB ER AHMEDABAD; DATED 27 / 05 /2011 T.C. NAIR, SR.PS COPY OF THE ORDER FORWARDED TO : 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE LD. CIT(APPEALS)-III, BARODA 5. THE DR, AHMEDABAD BENCH 6. THE GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT.REGISTRAR), ITAT, AHMEDABAD 1. DATE OF DICTATION.. 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER OTHER MEMBER 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 THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S 31.5.11 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 31.5.11 7. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 8. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 9. DATE OF DESPATCH OF THE ORDER