The DCIT, Circle-2(1)(1), Ahmedabad V. Gujarat Apollo Industries Ltd., Ahmedabad

MA 30/AHD/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 8663 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 month(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 09-04-2019
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 25-01-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

MA NO. 30/AHD/2019 DCIT VS. GUJARAT APOLLO INDUSTRIES LTD ASSESSMENT YEAR : 2012-13 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, AHMEDABAD A BENCH, AHMEDABAD [CORAM: PRAMOD KUMAR, VP AND MS. MADHUMITA ROY, JM] MA NO. 30/AHD/2019 ARISING OUT OF ITA NO. 1125/AHD/2016 ASSESSMENT YEAR: 2012-13 THE DY. COMMISSIONER OF INCOME-TAX .............. ... APPLICANT CIRCLE 2(1)(1), AHMEDABAD VS GUJARAT APOLLO INDUSTRIES LTD ..........RE SPONDENT APOLLO HOUSE, NR. MITHAKHALI SIX ROAD, NAVRANGPURA, AHMEDABAD [PAN : AAACG 7248 P] APPEARANCES BY LP JAIN, FOR THE APPLICANT MK PATEL, FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : APRIL 5, 2019 DATE OF PRONOUNCEMENT : APRIL 9, 2019 O R D E R PER PRAMOD KUMAR, VP: 1. BY WAY OF THIS APPLICATION, THE APPLICANT ASSESS ING OFFICER SEEKS RECALL OF THE ORDER PASSED BY THE TRIBUNAL IN ITA NO. 1125/AHD/20 16 DATED 27.07.2018 WHICH WAS DISMISSED BY THE TRIBUNAL, ALONGWITH OTHER 230 APPE ALS OF THE DEPARTMENT WITH LEAD CASE BEARING IT(SS)A NO. 427/AHD/2017, ON ACCOUNT O F LOW TAX EFFECT IN VIEW OF THE CBDT CIRCULAR NO.3 OF 2018 DATED 11.07.2018 2. AT THE TIME OF HEARING, LEARNED DEPARTMENTAL REP RESENTATIVE SUBMITS THAT THE TAX EFFECT INVOLVED IN THE APPEAL OF THE DEPARTMENT IS MORE THAN RS. 20 LAKHS AND NOT HIT BY THE CBDT CIRCULAR NO. 03/2018, WHICH WAS REL IED BY THE TRIBUNAL WHILE DISMISSING SUMMARILY THE ABOVE APPEAL OF THE REVENU E. IT IS ALSO SUBMITTED THAT IN THE PRESENT CASE THE TAX EFFECT IS RS. 39,23,104/-, AS PER THE WORKING PLACED ON RECORD BY THE DEPARTMENT, WHICH IS MORE THAN RS.20 LAKHS. IT IS, THEREFORE, PRAYED FOR RESTORATION OF REVENUES APPEAL, WHICH WAS DISM ISSED BY THE TRIBUNAL DUE TO LOW TAX EFFECT, AND ADJUDICATION ON MERITS. 3. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. ON DUE CONSIDERATION OF THE FACTS AND RECO RDS, WE ARE OF THE VIEW THAT TAX CALCULATION SHOWN BY THE DEPARTMENT IN THE MISCELLA NEOUS APPLICATION REQUIRES CONSIDERATION AT THE END OF THE TRIBUNAL, AND THERE FORE, WE ARE INCLINED TO RECALL THE MA NO. 30/AHD/2019 DCIT VS. GUJARAT APOLLO INDUSTRIES LTD ASSESSMENT YEAR : 2012-13 PAGE 2 OF 2 IMPUGNED ORDER OF THE TRIBUNAL PASSED IN ITA NO. 11 25/AHD/2016 DATED 27.07.2018. ACCORDINGLY, THE ORDER OF THE TRIBUNAL DATED 27.07. 2018 (SUPRA) IS HEREBY RECALLED AND THE REGISTRY IS DIRECTED TO FIX THE HEARING OF THIS APPEAL ON 3 RD JULY 2019 ON MERITS. SINCE THE DATE OF HEARING WAS PRONOUNCED I N OPEN COURT, NO SEPARATE NOTICE OF HEARING IS REQUIRED TO BE ISSUED. 4. IN THE RESULT, MISCELLANEOUS APPLICATION IS ALLO WED. PRONOUNCED IN THE OPEN COURT TODAY ON THE 9 TH DAY OF APRIL, 2019 SD/- SD/- MS. MADHUMITA ROY PRAMOD KUMAR (JUDICIAL MEMBER) (VICE P RESIDENT) AHMEDABAD, DATED THE 9 TH DAY OF APRIL, 2019 **BT COPIES TO: (1) THE APPLICANT (2) THE RESPON DENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER TRUE COPY ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD 1. DATE OF DICTATION 08.04.2018 1. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER : .. 08.04.2018 2. OTHER MEMBER09.04.2018.. 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S09.04.2018. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT.09.04.2018. 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S09.04.2018 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 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