The ITO, Ward-3(2)(10), Ahmedabad V. M/s. Sarvottam Steel Industries, Ahmedabad

MA 317/AHD/2018

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 4680 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 month(s) 4 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-03-2019
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 14-12-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: LALIT P JAIN
• Keywords: Tax effect

Judgement Text

, - IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH B BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI WASEEM AHMED, ACCOUNTANT MEMBER MISC. APPLICATION NO.317/AHD/2018 IN ./ ITA NO. 2242/AHD/2016 / ASSESSMENT YEAR: 2011-12 THE ITO, WARD-3(2)(10) AHMEDABAD. VS M/S.SARVOTTAM STEEL INDUSTRIES PLOT NO.54/2/P, GIDC ESTATE PHASE-I, VATVA / (APPELLANT) / (RESPONDENT) REVENUE BY : SHRI LALIT P. JAIN, SR.DR ASSESSEE BY : SHRI GAURAV NAHTA, AR / DATE OF HEARING : 15/03/2019 /DATE OF PRONOUNCEMENT : 18 / 03/2019 O R D E R PER RAJPAL YADAV, JUDICIAL MEMBER : PRESENT MISC. APPLICATION IS FILED BY REVENUE SEEKING RECALL OF O RDER OF THE TRIBUNAL PASSED IN ITA NO.2242/AHD/2016 AND OTHERS DATED 30. 7.2018, DISMISSING APPEAL OF THE DEPARTMENT DUE TO TAX EFFE CT. 2. REVENUE IN THE MA PLEADED THAT TAX EFFECT INVOLV ED IN THE APPEAL OF THE DEPARTMENT IS MORE THAN RS.20 LAKHS AND NOT HIT BY THE RECENT CBDT CIRCULAR NO.03/2018, WHICH WAS RELIED BY THE T RIBUNAL WHILE DISMISSING SUMMARILY THE ABOVE APPEAL OF THE REVENU E. IT IS SUBMITTED THAT THE TAX EFFECT INVOLVED ON THE ISSUE OF ADDITI ON ON ACCOUNT OF SUPPRESSED SALES OF RS.84,85,632/-, WHICH WAS RESTR ICTED TO RS.4,24,281/- MA NO.317/AHD/2018 - 2 - BY THE LD.CIT(A) BY ADOPTING GP @ 5% OF SUPPRESSED SALES, WOULD WORK OUT TO RS.24,90,957/-. IN FACT, THE GROUND RAISED BY THE REVENUE IN ITS APPEAL IS THAT THE LD.CIT(A) HAS ERRED IN TAKING 5% OF ACCOUNTED SALES AS GP THEREBY DELETING THE ADDITION OF RS.80,61,351/- MADE ON ACCOUNT OF SUPPRESSION OF SALES. IT IS THEREFORE PRAYED FOR RE STORATION OF REVENUES APPEAL WHICH WAS DISMISSED BY THE TRIBUNAL DUE TO L OW TAX EFFECT AND ADJUDICATION OF THE SAME ON MERIT. 3. ON DUE CONSIDERATION OF FACTS AND RECORD, WE ARE OF THE VIEW THAT TAX CALCULATION SHOWN BY THE DEPARTMENT IN THE MA R EQUIRES CONSIDERATION AT THE END OF THE TRIBUNAL, AND THERE FORE, WE ARE INCLINED TO RECALL THE IMPUGNED ORDER OF THE TRIBUNAL PASSED QUA ITA NO.2242/AHD/2016 (AT SERIAL NO.208). THUS, ORDER O F THE TRIBUNAL DATED 30.07.2018 (SUPRA) IS HEREBY RECALLED AND REVENUES APPEAL RESTORED TO ITS ORIGINAL NUMBER FOR HEARING AFRESH. THE REGIST RY IS DIRECTED TO LIST THE APPEAL OF THE REVENUE FOR HEARING IN REGULAR COURSE OF TIME. NOTICE BE SENT TO THE PARTIES ACCORDINGLY. 4. IN THE RESULT, MISC. APPLICATION OF THE REVENUE IS ALLOWED. PRONOUNCED IN THE OPEN COURT ON 18 TH MARCH, 2019. SD/- SD/- (WASEEM AHMED) ACCOUNTANT MEMBER (RAJPAL YADAV) JUDICIAL MEMBER AHMEDABAD; DATED, 18/03/2019