Income Tax Officer, Ward-1(1)(2), Ahmedabad V. M/s. Besto Tradelink Pvt. Limited, Ahmedabad

MA 242/AHD/2018

• Counselvise Citation: [2019] 111 COUNSELVISE.COM (IT) 1590 (ITAT-AHMEDABAD)
• Duration Of Justice: 4 month(s) 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 01-02-2019
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 06-09-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Audit objection; Retrospective amendment; Tax effect

Judgement Text

MA NO.242/AHD/2018 (IN ITA NO.2162/AHD/2017) ASSESSMENT YEAR: 2011-12 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, AHMEDABAD D BENCH, AHMEDABAD [CORAM: PRAMOD KUMAR VICE PRESIDENT AND MAHAVIR PRA SAD JM] M.A. NO.242/AHD/2018 (IN ITA NO.2162/AHD/2017) ASSESSMENT YEAR: 2011-12 INCOME TAX OFFICER, WARD 1(1)(2), AHMEDABAD. .. APPLICANT VS. BESTO TRADELINK PVT. LTD., .......... RESPONDENT 9 TH FLOOR, B.D. PATEL HOUSE, NARANPURA ROAD, AHMEDABAD. [PAN: AAACB 6241 P] APPEARANCES BY LALIT P. JAIN FOR THE APPLICANT D.K. PARIKH FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : 01.02.2019 DATE OF PRONOUNCEMENT : 01.02.2019 O R D E R PER PRAMOD KUMAR, VICE PRESIDENT: BY WAY OF THIS MISCELLANEOUS APPLICATION, THE APPLI CANT ASSESSING OFFICER SEEKS RECALL OF THE ORDER DATED 18 TH APRIL 2018 SUMMARILY DISMISSING THE APPEAL ON THE GROUND OF LOW TAX EFFECT. THE REASON FOR THIS PRAYER IS SET OUT BELOW :- 5. THE DECISION IS NOT ACCEPTABLE AS THE ITAT HAS ERRED IN STATING THAT THE PRESENT CASE DOES NOT FALL WITHIN THE EXEM PTION CLAUSE, AS THE CASE FALLS IN THE EXEMPTION CLAUSE 8(C) OF CIRCULAR NO.21 OF 2015 DATED 10.12.2015 DUE TO REVENUE AUDIT OBJECTION. IT MAY BE NOTED THAT BOARD HAS ISSUED REVISED INSTRUCTIONS VIDE CIRCULAR NO.3 OF 2018 DATED 11.07.2018 WITH RETROSPECTIVE EFFECT. IN THIS LIGH T, THE CASE FALLS WITHIN THE AMBIT OF EXCEPTIONS IN PARA 10(C) OF CIRCULAR 3 OF 2018 DATED 11.07.2018, DUE TO REVENUE AUDIT OBJECTION. FILING OF FURTHER APPEAL IS NOT RECOMMENDED TO MINIMIZE THE LITIGATION. HOWEVE R, MISC APPLICATION NEEDS TO BE FILED WITH ITAT. AS THE ABOVE MISTAKE IS APPARENT ON RECORDS, THEREFORE, IT IS KINDLY REQUESTED THAT THE HONBLE TRIBUNAL MAY RECTIFY THE MISTAKE AND PASS NECESSARY ORDER ACCORD INGLY. MA NO.242/AHD/2018 (IN ITA NO.2162/AHD/2017) ASSESSMENT YEAR: 2011-12 PAGE 2 OF 2 2. LEARNED COUNSEL FOR THE ASSESSEE DOES NOT OPPOSE THE PRAYER. HE, HOWEVER, SUBMITS THAT AS IT IS A COVERED ISSUE ON MERITS INA SMUCH AS MATTER IS REQUIRED TO BE REMITTED TO THE FILE OF THE ASSESSING OFFICER, FOR FRESH ADJUDICATION IN THE LIGHT OF BINDING JUDICIAL PRECEDENTS AND THAT IS PRECISELY W HAT THE CIT(A) HAS DONE, THE RECALLED APPEAL ITSELF CAN BE DISPOSED OF ON MERITS . LEARNED DEPARTMENTAL REPRESENTATIVE, ON PERUSAL OF MATERIAL ON RECORD, F AIRLY AGREES ON THIS ASPECT. 3. IN VIEW OF THE ABOVE DISCUSSIONS, AS ALSO BEARIN G IN MIND ENTIRETY OF THE CASE, WE DEEM IT FIT AND PROPER TO RECALL THE IMPUGNED OR DER. WE ORDER ACCORDINGLY. 4. WITH THE CONSENT OF PARTIES, HOWEVER, THE MATTER IS BEING TAKEN UP FOR DISPOSAL ON MERITS TODAY ITSELF. 5. IN THE RESULT, THE MISCELLANEOUS APPLICATION IS ALLOWED. PRONOUNCED AND DICTATED IN THE OPEN COURT TODAY ON 1 ST DAY OF FEBRUARY 2019. SD/- SD/- MAHAVIR PRASAD PRAMOD KUMAR (JUDICIAL MEMBER) (VICE PRESIDENT) AHMEDABAD, DATED THE 1 ST DAY OF FEBRUARY, 2019 PBN/* COPIES TO: (1) THE APPELLANT (2) THE RESPOND ENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD