The Torrent Pharmaceuticals Ltd., Ahmedabad V. The ACIT.,Circle-8, Ahmedabad

MA 227/AHD/2019

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 0962 (ITAT-AHMEDABAD)
• Duration Of Justice: 4 month(s) 24 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 12-12-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2008-2009
• Appeal Filed On: 19-07-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N K GOYAL
• Keywords: Set aside
• Section: 201; 48

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL, D BENCH, AHMEDABAD BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER AND MS MADHUMITA ROY , JUDICIAL MEMBER M.A NO.227 /AHD/2019 IN ./ ITA NO. 1634 / AHD/ 2012 / ASSTT. YEAR: 2008 - 2009 M/S. TORRENT PHARMACEUTICALS LTD., TORRENT HOUSE , OFF. ASHRAM ROAD , AHMEDABAD . PAN NO.AAA CT5456A VS THE A.C.I.T , AHMEDABAD . (APPLICANT) (RESPONENT) ASSESSEE BY : SHRI DHRUNAL BHATT , A.R. REVENUE BY : SHRI N.K. GOYAL , SR.DR / DATE OF HEARING : 06 / 12 /201 9 / DATE OF PRONOUNCEMENT: 12 / 12 /201 9 / O R D E R PER WASEEM AHMED, ACCOUNTANT MEMBER : BY THIS MISCELLANEOUS APPLICATION, THE ASSESSEE APPLICANT SEEKS RECTIFICATION IN THE CONSOLIDATED ORDER OF THE TRI BUNAL DATED 15.5.2019 FOR ASST. YEAR S 20 07 - 08 & 2008 - 09 . 2. THE RELEVANT CONTENT S OF THE MISCELLANEOUS APPLICATION ARE AS FOLLOWS: 4.1 GROUND NO.4 (ON PAGE 48 OF THE ABOVE ORDER): ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LEANRED CIT9A) ERRED IN CONFIRMING DISALLOWANCE OF DEDUCTION U/S.80 - IC OF THE IT. ACT THE EXTENT OF RS.1,93,24,629/ - MADE BY THE ASSESSING OFFICER BY CHANGING THE METHOD OF ALLOCATION OF ADMINISTRATIVE EXPENSES TO THE INDRAD UNIT AND BADDI UNIT. M.A NO.227 /AHD/2019 IN ITA NO.1634/AHD/2012 A.Y.20 08 - 09 . 2 RELEVANT FINDINGS OF THE HON BLE TRIBUNAL (PARA 66 ON PAGES 63 & 64) THE NEXT ISSUE RAISED BY THE ASSESSEE IN GROUND NO.4 IS THAT THE LEARNED CIT(A) ERRED IN CONFIRMING THE ADDITION MADE BY THE AO BY ALLOCATING THE AD MINISTRATIVE EXPENSES BETWEEN THE ELIGIBLE AND NON - ELIGIBLE UNIT ON THE BASIS OF TURNOVER. 66. AT THE OUTSET, WE NOTE THAT THE IDENTICAL ISSUE HAS ALREADY BEEN DECIDED BY THIS TRIBUNAL IN ITA NO.907/AHD/2012 AGAINST THE ASSESSEE VIDE PARAGRAPH NO.22 & 22. 1 OF THIS ORDER. RESPECTFULLY FOLLOWING THE SAME, WE DO NOT FIND ANY REASON TO DISTURB THE FINDING OF THE LOWER AUTHORITIES. HENCE THE GROUND OF APPEAL OF THE ASSESSEE IS DISMISSED. 3 . IT IS INTERALIA PLEADED IN THE MISCELLANEOUS APPLICATION THAT THERE I S A TYPOGRAPHICAL IN MENTIONING P ARA NUMBERS AT PAGE NO. 63 AT PARAGRAPH NO. 66, AND THE ULTIMATE RESULT IN THE IMPUGNED ORDER . WE HAVE GONE THROUGH THE ORDER OF THE TRIBUNAL, AND FIND THAT INDEED THERE IS A TYPOGRAPHICAL ERROR AS STATED BY THE ASSESSEE. THEREFORE, WE ARE INCLINE D TO RECTIFY T H E MISTAKE AND REPLACE THE PARA N O. 66 OF PAGE NO.63 OF THE IMPUGNED ORDER AS UNDER: 66. AT THE OUTSET, WE NOTE THAT THE IDENTICAL ISSUE HAS ALREADY BEEN DECIDED BY THIS TRIBUNAL IN ITA NO.907/AHD/2012 IN FAVOR OF THE ASSESSEE VIDE PARAGRAPH N O. 21 OF THIS ORDER. RESPECTFULLY FOLL OWING THE SAME, WE SET ASIDE THE ORDER OF THE LD. CIT - A AND DIRECT THE AO TO DELETE THE ADDITION MADE BY HIM . HENCE, THE GROUND OF APPEAL OF THE ASSESSEE IS ALLOWED. 3 .1 ACCORDINGLY, ORD ER OF THE TRIBUNAL DATED 15.5.2019 PASSED IN ITA NO.1634/AHD/2012 AND ITA NO.1725/AHD/2015 IS HEREBY MODIFIED TO THE ABOVE EXTENT AND BE EFFECTED AND READ ACCORDINGLY. M.A NO.227 /AHD/2019 IN ITA NO.1634/AHD/2012 A.Y.20 08 - 09 . 3 4 . IN THE RESULT OF THE MISC. APPLICATION OF THE ASSESSEE IS ALLOWED. ORDER P RONOUNCED IN THE COURT ON 12 / 12 / 201 9 AT AHMEDABAD. - SD - ( MS MADHUMITA ROY ) JUDICIAL MEMBER - SD - ( WASEEM AHMED ) ACCOUNTANT MEMBER (TRUE COPY) AHMEDABAD; DATED 12 / 12 / 201 9 MANISH