The ACIT., Circle-1(1), Baroda V. Gujarat Industries Power Co.Ltd., Baroda

MA 255/AHD/2017

AI Insights

The case involves three Miscellaneous Applications filed by the Revenue against Gujarat Industries Power Company Ltd. concerning the issuance of notices under Section 148 of the Income Tax Act for the Assessment Years 1997-98, 1998-99, and 1999-00. The Revenue contended that the Tribunal had incorrectly considered the time limits for these notices in its earlier decision, leading to a misinterpretation of whether the notices were time-barred. The Tribunal acknowledged the oversight and rectified the mistake, allowing the applications and ordering a fresh hearing of the appeals.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 125616 (ITAT-AHMEDABAD)
• Duration Of Justice: 5 year(s) 4 month(s) 16 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 09-03-2023
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: D
• Next Hearing Date: 02-03-2023
• Assessment Year: 1998-1999
• Appeal Filed On: 22-10-2017
• Laws Referred To: Section 148 of the Income Tax Act
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 148; 56; 2; 48

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, AHMEDABAD BEFORE MS. SUCHITRA KAMBLE, JUDICIAL MEMBER & SHRI WASEEM AHMED, ACCOUNTANT MEMBER M . A. N o s. 2 55 , 2 5 6 & 25 8/ A h d/ 2 0 17 ( I n I TA N os . 30 4 9 , 30 50 & 30 48 /A h d /2 01 0) ( A s se ss m e nt Y e a r s : 19 9 8 - 9 9, 1 99 9- 00 & 19 97- 9 8 ) AC I T C ir c l e- 1 ( 1 )( 1 ) , Va do dar a Vs .M/ s . G uj ar a t I nd u s t r ie s Po we r C o . Ltd ., P. O . Pe tr oc h e m i ca l s, D i st: B a r od a - 3 91 3 46 [ P AN N o. A A AC G 7 2 7 7Q ] (Appellant) .. (Respondent) Appellant by : Shri Rakesh Jha, Sr. D.R. Respondent by : Shri Yogesh Shah, A.R. D a t e of H ea r i ng 03.03.2023 D a t e of P r o no u n ce me nt 10.03.2023 O R D E R PER Ms. SUCHITRA KAMBLE - JM: These three Miscellaneous Applications are filed by the Revenue in respect of the order dated 24.04.2017 passed by the Tribunal. 2. The Ld. D.R. submitted that in A.Y. 1997-98 Miscellaneous Application No. 258/Ahd/2017 in ITA No. 3048/Ahd/2010 the Tribunal while passing the order has made the mistake as regards to the mentioning of date of notice issued under Section 148 of the Act and notice under Section 148 required to be issued within six years. The Ld. D.R. submitted that in A.Y. 1997-98 the date of notice issued under Section 148 of the Act is 08.01.2004 and notice under Section 148 required to be issued within six years 31.03.2004. Thus, the Ld. D.R. submitted that the contention of the assessee that the notices were time barred was not correct and therefore, the Tribunal has overlook the period of notices issued within six years and only proceeded on the basis of 4 M.A Nos.255,256&258/Ahd/2017 (in ITA Nos. 3049, 3050 & 3048/Ahd/2010) ACIT vs. Gujarat Industries Power Company Ltd. Asst.Years–1998-99, 1999-00 & 1997-98 - 2 - years. Therefore, the Ld. D.R. submitted that the matter may be recalled to that extent and the appeal may be heard afresh. 3. As regards, A.Y. 1998-99 and 1999-00 the Ld. D.R. submitted that for A.Y. 1998-99 the date of notice issued under Section 148 on 12.08.2002 and notice under Section under Section 148 required to be issued within 4 years were not taken into account by the Tribunal and for A.Y. 1999-00 date of notice issued under Section 148 of the Act and notice under Section 148 required to be issued within 4 years were also not taken into account. In 1998- 99 the date of notice issued under Section 148 of the Act was 12.08.2002 and notice under Section 148 required to be issued within 4 years was 31.03.2003. In 1999-00 the date of notice issued under Section 148 of the Act was 09.03.2004 and notice under Section 148 required to be issued within 4 years was 31.03.2004. Thus, the Ld. D.R. submitted that these Assessment Years also should be recalled on that basis. 4. The Ld. A.R. submitted that the Para 5 of the Tribunal’s order has categorically commented on the expiry of the period of 4 years and therefore, the contention of the D.R. that for A.Y. 1997-98 the notice should be taken in respect of within 6 years was not justifiable. For A.Y. 1998-99 and 1999-00 also within 4 years period was taken into cognizance by the Tribunal. The Ld. A.R. submitted that the Department is seeking review and the same should not be entertained. 5. We have heard both the parties and perused all the relevant material available on record. From the perusal of the order and most specifically from Para 15 which has given details of re-assessment notices and the expiry for 4 years elapsed has not taken into account the notice issued within 6 years. This M.A Nos.255,256&258/Ahd/2017 (in ITA Nos. 3049, 3050 & 3048/Ahd/2010) ACIT vs. Gujarat Industries Power Company Ltd. Asst.Years–1998-99, 1999-00 & 1997-98 - 3 - aspect was not taken into account by the Tribunal at all. Therefore, this is a mistake apparent on record and therefore, order dated 24.04.2017 is recalled as it is not review but rectifying the correctness of the facts of the present case after giving hearing to both the parties. As regards, A.Y. 1999-00 and 1998-99 also the period for issuance of notices which has given by the Revenue has not been taken into account. Therefore, the present Miscellaneous Applications are allowed. The appeals for all the three Assessment Years may be listed for hearing within due course. Both Parties be informed and issue notice. 6. In result all the three Miscellaneous Applications are allowed. This Order pronounced in Open Court on 10/03/2023 Sd/- Sd/- (WASEEM AHMED) ACCOUNTANT MEMBER (SUCHITRA KAMBLE) JUDICIAL MEMBER Ahmedabad; Dated 10/03/2023 TANMAY, Sr. PS TRUE COPY आदेश क त ल प अ े षत/Copy of the Order forwarded to : 1. अपीलाथ / The Appellant 2. यथ / The Respondent. 3. संबं धत आयकर आय ु त / Concerned CIT 4. आयकर आय ु त(अपील) / The CIT(A)- 5. वभागीय त न ध, आयकर अपील!य अ धकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाड' फाईल / Guard file. आदेशान ु सार/ BY ORDER, उप/सहायक पंजीकार (Dy./Asstt. Registrar) आयकर अपील य अ धकरण, अहमदाबाद / ITAT, Ahmedabad 1. Date of dictation 06.03.2023 2. Date on which the typed draft is placed before the Dictating Member 06.03.2023 3. Other Member..................... 4. Date on which the approved draft comes to the Sr.P.S./P.S 06.03.2023 5. Date on which the fair order is placed before the Dictating Member for pronouncement .03.2023 6. Date on which the fair order comes back to the Sr.P.S./P.S 10.03.2023 7. Date on which the file goes to the Bench Clerk 10.03.2023 8. Date on which the file goes to the Head Clerk.......................................... 9. The date on which the file goes to the Assistant Registrar for signature on the order.......................... 10. Date of Despatch of the Order..........................................