Lincoln Pharmaceuticals Ltd., Ahmedabad V. The ACIT, (OSD)-!, Range-4, Ahmedabad

MA 218/AHD/2013

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 1773 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 month(s) 26 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 11-04-2014
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 04-04-2014
• Assessment Year: 2005-2006
• Appeal Filed On: 16-12-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: P L KUREEL
• Assessee Lawyers: A C SHAH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD BEFORE SHRI MUKUL KR. SHRAWAT, JUDICIAL MEMBER AND SHRI N.S. SAINI, ACCOUNTANT MEMBER M.A. NO.218/AHD/2013 (ARISING OUT OF ITA NO.2691/AHD/2010) A.YS. 2005-06 LINCOLN PHARMACEUTICALS LTD., NIRAV COMPLEX, 2 ND FLOOR, NR. NAVRANG SCHOOL, NARANPURA, AHMEDABAD. PAN: AAACL 2711N VS THE ACIT (OSD)-I, RANGE-4, AHMEDABAD. (APPELLANT) (RESPONDENT) REVENUE BY : SHRI P.L. KUREEL, SR.D.R., ASSESSEE(S) BY : SHRI A.C. SHAH, A.R. / DATE OF HEARING : 04/04/2014 / DATE OF PRONOUNCEMENT: 11/04/2014 / O R D E R PER SHRI MUKUL KUMAR SHRAWAT, JUDICIAL MEMBER THROUGH THIS MISC. APPLICATION FILED ON 16.12.2013, THE GRIEVANCE OF THE APPLICANT READS AS FOLLOWS: 1. WE ARE IN RECEIPT OF THE CONSOLIDATED APPELLATE ORDER FOR A.Y. 2004-05 ITA NO.2690/AHD/2010 AND FOR A.Y. 2005-06 ITA NO.2691/A HD/2010 DATED 10.10.2013 ON 05.12.2013. THERE ARE CERTAIN APPARENT MISTAKES IN THE SAID ORDER. 2. SINCE THE FACTS ARE IDENTICAL THE CONSOLIDATED O RDER FOR A.Y.2004-05 AND A.Y.2005- 06 IS PASSED. HOWEVER, NO GROUNDS OF APPEAL ARE MEN TIONED IN THE ORDER FOR A.Y.2005-06 AND THE DECISION ON SUCH IS NOT GIVEN I N THE ORDER ON LINES OF A.Y.2004- 05. 3. THIS BEING APPARENT MISTAKE ON RECORD, YOUR HONO URS ARE PRAYED TO MODIFY THE ORDER BY MENTIONING THE GROUNDS OF APPEAL FOR A.Y. 2005-06 IN THE ORDER AND GIVEN DECISION IN THE ORDER ON THE LINES OF A.Y.2004-05. 2. AFTER HEARING BOTH THE SIDES, WE ARE OF THE CONS CIENTIOUS VIEW THAT THIS APPLICATION HAS NO FORCE. THE VERDICT OF THE R ESPECTED CO-ORDINATE BENCH WAS UNAMBIGUOUS. IN THE NOMENCLATURE, IT WAS EXPLICITLY MA NO.218/AHD/2013 IN ITA NO.2691 /AHD/2010 LINCOLN PHARMACEUTICALS LTD. VS. ACIT(OSD)-I RANGE- 4, AHMEDABAD. A.YS. 2005-06 - 2 - MENTIONED THAT THERE WERE TWO APPEALS OF THE REVENU E DEPARTMENT FOR A.Y.2004-05 AND A.Y.2005-06. IT WAS MENTIONED THAT THE LEARNED CIT(A) HAD PASSED THE ORDERS AND BOTH WERE DATED 9 TH OF JULY,2010. THE TRIBUNAL HAS FURTHER MENTIONED IN THE ORDER THAT FO R BOTH THE YEARS, THE REVENUE DEPARTMENT HAD RAISED IDENTICALLY WORDED GR OUNDS. THEREFORE, THE GROUNDS REPRODUCED WERE FROM ONE OF THE ASSESSM ENT YEAR TO KEEP BREVITY IN MIND. THE ISSUE WAS ONLY IN RESPECT OF D ELETION OF PENALTY LEVIED U/S.271(1)(C). FINALLY, AFTER HEARING BOTH T HE SIDES, IT WAS AGAIN EXPLICITLY/CLEARLY PRONOUNCED THAT THE APPEALS OF T HE REVENUE WERE DISMISSED. WHEN ON NUMBER OF OCCASIONS THERE WERE R EFERENCE OF BOTH THE APPEALS; THEREFORE, THE APPREHENSION AS RAISED BY THE APPLICANT IS ILL FOUNDED. THERE WERE NO MISTAKE ON THE PART OF THE T RIBUNAL; HENCE, WE HEREBY REJECT THIS MISC. APPLICATION. 3. IN THE RESULT, THE PRESENT M.A. IS REJECTED. SD/- SD/- (T.R. MEENA) (MUKUL KR. SHRAWAT) ACCOUNTANT MEMBER JUD ICIAL MEMBER AHMEDABAD; DATED 11/04/2014 PRABHAT KR. KESARWANI, SR. P.S. / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ( ) / THE CIT(A)-III, AHMEDABAD 5. , , / DR, ITAT, AHMEDABAD 6. / GUARD FILE. / BY ORDER, / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD