Mrs. Sarlaben N. Patel, Ahmedabad V. The Income tax Officer, Ward-6(4), Ahmedabad

MA 292/AHD/2008

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 4585 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 5 month(s) 4 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 30-04-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2002-2003
• Appeal Filed On: 25-11-2008
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: M C PANDIT
• Assessee Lawyers: VIVEK N CHAVDA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH AHMEDABAD (BEFORE SHRI BHAVNESH SAINI, JM AND N.S. SAINI, AM) MA NO. 292/AHD/2008 (IN ITA NO.1768/AHD/2007 -AY: 2002-03) SMT. SARLABEN N. PATEL, PROP. AASTHA FORMULATINOS, 466, PHASE-II, G.I.D.C., VATVA, AHMEDABAD PA NO. 31-107-PZ- VS THE INCOME TAX OFFICER, WARD-6(4), C. U. SHAH BUILDING, ASHRAM ROAD, AHMEDABAD (APPLICANT) (RESPONDENT) APPLICANT BY SHRI VIVEK N. CHAVDA, AR RESPONDENT BY SHRI M. C. PANDIT, DR O R D E R PER BHAVNESH SAINI: THIS MISC. APPLICATION IS FILED BY THE ASSESSEE IN ITA NO.1768/AHD/2007 FOR ASSESSMENT YEA R 2002-03. 2. WE HAVE HEARD BOTH THE PARTIES. THE APPEAL OF TH E ASSESSEE WAS DECIDED VIDE ORDER DATED 14 TH SEPTEMBER, 2007. ASSESSEES GRIEVANCE IS THAT THE ADDITION OF RS.3,06,367/- RAISED IN GROUND NOS. 1.2, 2.1 AND 2.2 HAS NOT BEEN ADJUDICATED UPON BY THE TRIBUNAL WHILE DISPOSING OF THE APPEAL OF THE ASSESSEE. 3. ON CONSIDERATION OF THE ABOVE FACTS WE FIND THAT THERE IS A MISTAKE APPARENT ON RECORD BECAUSE THIS ISSUE HAS NOT BEEN ADJUDICATED UPON WHILE DISPOSING OF THE APPEAL OF THE ASSESSEE. EARL IER ORDER OF THE TRIBUNAL TO THAT EXTENT IS RECALLED . THE APPEAL IS DIRECTED TO BE FIXED FOR HEARING IN ITA NO.1768/AHD/2007 FOR DISPOSAL OF THE ABOVE G ROUND ONLY. THE MA NO.292/AHD/2008 (IN ITA NO.1768/AHD/2007) SMT. SARLABEN N. PATEL PROP. AASTHA FORMULATIONS 2 REGISTRY IS DIRECTED TO FIX THE APPEAL ACCORDINGLY ON 10-06-2010. MISC. APPLICATION OF THE ASSESSEE IS ALLOWED. THE ORDER DICTATED AND PRONOUNCED IN THE OPEN COURT ON 30 TH APRIL, 2010. SD/- SD/- (N. S. SAINI) ACCOUNTANT MEMBER (BHAVNESH SAINI) JUDICIAL MEMBER DATE : 30-04-2010 LAKSHMIKANT/- COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A) 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE BY ORDER D Y. REGISTRAR, ITAT, AHMEDABAD