THE DCIT.Central Circle-1(1), Ahmedabad V. M/S. MEGHMANI ORGANICS LTD., Ahmedabad

MA 25/AHD/2010

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 7896 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 2 month(s) 7 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-04-2012
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 1999-2000
• Appeal Filed On: 12-02-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 80IB

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, B BENCH, AHMEDABAD BEFORE SHRI D. K. TYAGI, JUDICIAL MEMBER AND SHRI A. K. GARODIA, ACCOUNTANT MEMBER M.A.NO.25/AHD/2010 IN I.T.A. NO. 1774/ AHD/2003 (ASSESSMENT YEAR 1999-2000) ACIT, CIRCLE 4, VS. M/S. MEGHMANI ORGANICS LTD., AHMEDABAD 183/184, PHASE II, GIDC, VATVA, AHMEDABAD PAN/GIR NO. : AABCM0644E (APPELLANT) .. (RESPONDENT) APPELLANT BY: SHRI VINOD TANWANI, SR. DR RESPONDENT BY: MS. URVASHI SHODHAN, AR DATE OF HEARING: 13.04.2012 DATE OF PRONOUNCEMENT: 20. 04.2012 O R D E R PER SHRI A. K. GARODIA, AM:- THIS MISCELLANEOUS APPLICATION IS FILED BY THE REV ENUE AND IT HAS BEEN CONTENDED IN THE MISCELLANEOUS APPLICATION THA T AS PER THIS TRIBUNAL ORDER, THE ISSUE REGARDING ALLOWABILITY OF DEDUCTIO N U/S 80IB OF DUTY DRAWBACK WAS DECIDED BY THE TRIBUNAL IN FAVOUR OF T HE ASSESSEE BUT THIS DECISION IS NOT IN LINE WITH THE SUBSEQUENT JUDGMEN T OF HONBLE APEX COURT RENDERED IN THE CASE OF LIBERTY INDIA LTD., A S REPORTED IN 183 TAXMAN 349. IT IS SUBMITTED THAT IT IS A MISTAKE A PPARENT ON RECORD. IN THE COURSE OF HEARING BEFORE US, IT WAS SUBMITTED B Y THE LD. D.R. THAT IF THE TRIBUNAL DECISION IS NOT IN LINE WITH THE JUDGM ENT OF HONBLE APEX M.A.NO.25 /AHD/2010 2 COURT EVEN IF IT IS RENDERED SUBSEQUENTLY, IT IS AN APPARENT MISTAKE AND IN SUPPORT OF THIS CONTENTION, RELIANCE WAS PLACED ON THE JUDGEMENT OF HONBLE APEX COURT RENDERED IN THE CASE OF SAURASHT SRA KUTCH STOCK EXCHANGE LTD., AS REPORTED IN 305 ITR 227. IT WAS ALSO SUBMITTED THAT ON THIS ISSUE ITSELF IN ASSESSEES OWN CASE, THE MISCE LLANEOUS APPLICATION OF THE REVENUE WAS ALLOWED IN MISCELLANEOUS APPLICATIO N 23 & 26/AHD/2010 DATED 30.03.2012. LD. A.R. ALSO FAIRLY ADMITTED TH AT NOW, THIS MISCELLANEOUS APPLICATION IS SQUARELY COVERED IN FA VOUR OF THE REVENUE BY THIS TRIBUNAL ORDER IN ASSESSEES OWN CASE IN MISCE LLANEOUS APPLICATION 23 & 26/AHD/2010 DATED 30.03.2012. 2. WE HAVE CONSIDERED THE SUBMISSIONS OF THE LD. D. R. AND WE FIND THAT UNDER IDENTICAL FACTS, IN THE CASE OF THE ASSE SSEE ITSELF, IT WAS HELD BY THE TRIBUNAL THAT DEDUCTION IS NOT ALLOWABLE TO THE ASSESSEE U/S 80IB IN RESPECT OF DEPB/DUTY DRAWBACK AS PER THE JUDGMENT O F HONBLE APEX COURT RENDERED IN THE CASE OF LIBERTY INDIA (SUPRA) AND HENCE, THERE IS AN APPARENT MISTAKE IN THE TRIBUNAL ORDER WHICH IS REC TIFIABLE U/S 254(2) OF THE ACT. BY RESPECTFULLY FOLLOWING THIS TRIBUNAL D ECISION, WE HOLD THAT IN THE PRESENT YEAR ALSO, MISCELLANEOUS APPLICATION OF THE REVENUE IS TO BE ALLOWED. WE HOLD ACCORDINGLY. 3. IN THE RESULT, MISCELLANEOUS APPLICATION OF THE REVENUE IS ALLOWED. 4. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE M ENTIONED HEREINABOVE. SD./- SD./- (D. K. TYAGI) (A. K. GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER SP M.A.NO.25 /AHD/2010 3 COPY OF THE ORDER FORWARDED TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE LD. CIT (APPEALS) 5. THE DR, AHMEDABAD BY ORDER 6. THE GUARD FILE AR,ITAT,AHMEDABAD 1. DATE OF DICTATION 13/4. 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER17/4.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 20/4 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. P.S./P.S.20/4 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 20/4/12 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. .