The ACIT, Circle-8, Ahmedabad V. Torrent Pvt. Ltd., Ahmedabad

MA 307/AHD/2009

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 4592 (ITAT-AHMEDABAD)
• Duration Of Justice: 7 month(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 23-04-2010
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2001-2002
• Appeal Filed On: 07-09-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAJA RAM SAH
• Assessee Lawyers: VIJAY RANJAN

Judgement Text

MA.307-09 IN ITA.3568-04. 1 IN THE INCOME_TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD BEFORE SHRI T.K. SHARMA AND SHRI N.S.SAINI. MISC. APPLICATION NO.307/AHD/09. ARISING OUT OF ITA. NO.3568 /AHD/2004 (ASSESSMENT YEAR:2001-02 ) THE ASSTT.COMMISSIONER OF INCOME-TAX, CIR-8, AHMEDABAD. VS TORRENT PVT. LTD., TORRENT HOUSE, NR.DINESH HALL, AHMEDABAD. (APPELLANT) (RESPONDENT) PAN: AAACT 5459 R APPELLANT BY : SHRI RAJA RAM SAH, D.R. RESPONDENT BY : SHRI VIJAY RANJAN. ( (( ( )/ )/)/ )/ ORDER PER: SHRI T.K. SHARMA. THIS MISCELLANEOUS APPLICATION IS FILED BY THE REVENUE PO INTING OUT THAT THERE IS MISTAKE APPARENT FROM THE RECORDS W ITHIN THE MEANING OF SECTION 254(2) OF THE INCOME TAX ACT,1961. I T WAS STATED THAT GROUND NO.3 RAISED BY THE REVENUE IN THE CAPTION ED APPEAL RELATE TO ORDER OF LD. CIT (A) DELETING THE ADDITION OF RS. 60,000/- MADE BY THE A.O ON ACCOUNT OF EXPENSE FOR EARNING TAX FREE INCO ME. THE TRIBUNAL HAS MENTION ED THAT PARTY AT THE TIME OF HE ARING WERE IN AGREEMENT THAT ISSUE BOTH IN FAVOUR OF THE REVENUE A ND AGAINST THE ASSESSEE. CONSEQUENTLY THE ORDER OF THE LD. CIT(A) WAS TO BE REVERSED BY THE I.T.AT. 2. AT THE TIME OF HEARING. LD. COUNSEL OF THE ASSESSEE FAIRLY CONCEDED THAT THERE IS A MISTAKE APPARENT FROM THE RECOR D AND HE HAS NO OBJECTION IN CASE THE ADDITION OF RS.60,000/- DELET ED BY THE LD. CIT(A) IS RESTORED. MA.307-09 IN ITA.3568-04. 2 3. WE HAVE CAREFULLY GONE THROUGH THE CONTENTS OF MISC.A PPLICATION AND THE DECISION OF THE TRIBUNAL RENDERED ON 5-12-200 8. THE PARAGRAPH 9 OF THE ORDER DT. 5-12-2008 READS AS UNDER :- 9. SO FAR AS ISSUE INVOLVED IN GROUND NO.3 IS CONCERNED, THE PARTIES AT THE TIME OF HEARING, WERE IN AGREEMENT TH AT THE SAME GOES IN FAVOUR OF THE REVENUE AND AGAINST THE ASSESSEE. CONSEQUENTLY, WE CONFIRM THE ORDER OF THE CIT(A) WITH RESPECT TO THIS ISSUE. 4. AFTER RECTIFYING THE OBVIOUS MISTAKE POINTED OUT BY THE REVENUE, THE FOLLOWING PARAGRAPH 9 IS SUBSTITUTED IN LIEU OF A FORESAID PARAGRAPH- 9. 9. SO FAR AS ISSUE INVOLVED IN GROUND NO.3 IS CONCERNED, THE PARTIES AT THE TIME OF HEARING, WERE IN AGREEMENT TH AT THE SAME GOES IN FAVOUR OF THE REVENUE AND AGAINST THE ASSESSEE. CONSEQUENTLY WE RESTORE THE ADDITION OF RS.60,000/- MA DE BY AO. CONSEQUENTLY GROUND OF REVENUE NO.3 IS ALLOWED. 5. GROUND NO.3 IS ALLOWED. IN THE RESULT, THE MISC. A PPLICATION FILED BY THE REVENUE IS ALLOWED. ORDER PRONOUNCED IN OPEN COURT ON 23 /04 /2010. SD/- SD/- (N. S. SAINI) (T.K.SHARMA) ACCOUNTANT MEMBER. JUDICIAL MEMBER. AHMEDABAD. DATED: 23 /04 /2010. COPY OF THE ORDER FORWARDED TO: - 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT(APPEALS)- 4. THE CIT CONCERNED. 5. THE DR.,ITAT, AHMEDABAD. 6. GUARD FILE. BY ORDER S.A.PATKI. DEPUTY/ASSTT.REGISTRAR ITAT,AHMEDABAD.