THE DCIT.BARODA Circle-1, Baroda V. GUJARAT FLUROCHEMICALS LTD., Baroda

MA 272/AHD/2009

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 5119 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 1 month(s) 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-10-2010
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2000-2001
• Appeal Filed On: 13-08-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAJIB JAIN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH A AHMEDABAD BEFORE SHRI MAHAVIR SINGH, JUDICIAL MEMBER AND SHRI D.C. AGARWAL, ACCOUNTANT MEMBER M.A.NO.272/AHD/2009 (ARISING OUT WITH ITA NO.3748/AHD/2003 ASSESSMENT YEAR:2000-01 DATE OF HEARING:8.10.10 DRAFTED:8.10. 10 DY. COMMISSIONER OF INCOME-TAX, CIRCLE-1(1), BARODA V/S . GUJARAT FLOUROCHEMICALS LTD. ABS TOWERS, 2 ND FLOOR OLD PADRA ROAD, BARODA 390 007 PANNO.AAACG6725H (ORIGINAL RESPONDENT) (ORIGINAL APPELLANT) (APPELLANT) .. (RESPONDENT) APPELLANT BY :- SHRI RAJIB JAIN, DR RESPONDENT BY:- NONE O R D E R PER MAHAVIR SINGH, JUDICIAL MEMBER:- BY WAY OF THIS MISCELLANEOUS APPLICATION (MA), REVE NUE HAS REQUESTED THAT THE TRIBUNAL HAS DISMISSED THE REVEN UES APPEAL EX PARTE IN ITA NO.3748/AHD/ 2003 VIDE ORDER DATED 30-06-2008 UNDER MISTAKEN NOTION. THE ASSESSEE ALSO REQUESTED VIDE W RITTEN SUBMISSIONS THAT THIS APPEAL OF REVENUE WAS DISMISSED DUE TO IN ADVERTENT MISTAKE AND IT HAS NO OBJECTION IN RECALLING AND RE-FIXING THE HEARING ALONG WITH MA NO.272/AHD/2009 ( A/O. ITA NO.3748/A/03) DCI, CIR-1(1), BARODA V. GUJARAT FLOUROCHEMICALS LTD. PAGE 2 THE ASSESSEES APPEAL IN ITA NO.3512/AHD/2003 , WHICH WAS FIXED FOR HEARING ON 09-09-2010 AND NOW ADJOURNED TO 10-11-20 10. 2. WE FIND THAT THE PLEA OF THE REVENUE IS QUITE R EASONABLE AS THE TRIBUNAL HAS COMMITTED MISTAKE APPARENT FROM RECORD IN DISMISSING THE REVENUES APPEAL EX PARTE. WE RECALL THE ORDER AND DIRECT THE REGISTRY TO FIX THE REVENUES APPEAL ON 10-11-2010. 3. IN THE RESULT, REVENUES MA IS ALLOWED. ORDER PRONOUNCED IN OPEN COURT ON 08 /10/2010 SD/- SD/- (D.C.AGARWAL) (MAHAVIR SING H) (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) AHMEDABAD, DATED : 08/10/2010 *DKP COPY OF THE ORDER FORWARDED TO :- 1. THE ASSESSEE. 2. THE REVENUE. 3. THE CIT(APPEALS)-I, BARODA 4. THE CIT CONCERNS. 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER, /TRUE COPY/ DEPUTY / ASSTT.REGISTRAR ITAT, AHMEDABAD