The DCIT, Circle-11, Ahmedabad V. Mahalaxmi Exports, Ahmedabad

MA 332/AHD/2009

• Counselvise Citation: [2010] 119 COUNSELVISE.COM (IT) 3686 (ITAT-AHMEDABAD)
• Duration Of Justice: 9 month(s) 8 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 09-07-2010
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2002-2003
• Appeal Filed On: 01-10-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: K MUDHUSUDAN SRDR
• Assessee Lawyers: P M MEHTA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH D AHMEDABAD BEFORE SHRI N.S. SAINI, ACCOUNTANT MEMBER AND SHRI MAHAVIR SINGH, JUDICIAL MEMBER M.A.NO.332/AHD/2009 (ARISING OUT WITH ITA NO.895/AHD/2006 ) ASSESSMENT YEAR:2002-03 DATE OF HEARING:9.7.10 DRAFT ED:9.7.10 DCIT, CIRCLE-11, AHMEDABAD V/S . M/S. MAHALAXMI EXPORTS, 47, NEW CLOTH MARKET, AHMEDABAD, PAN NO.AACFM3502D (ORIGINAL APPELLANT) (ORIGINAL RE SPONDENT) (APPELLANT) .. (RESPONDENT) APPELLANT BY :- SHRI K.MUDHUSUDAN, SR-DR RESPONDENT BY:- SHRI P.M. MEHTA, AR O R D E R PER MAHAVIR SINGH, JUDICIAL MEMBER:- BY WAY OF THIS MISCELLANEOUS (MA), THE REVENUE HAS REQUESTED FOR RECALLING OF THE ORDER OF TRIBUNAL IN ITA NO.895/AHD/2006 DATED 23-01-2009. 2. AT THE OUTSET, LD.SR-DR, SHRI K. MUDHUSUDAN STAT ED THAT ITAT HAS REPRODUCED GROUND NO.1 AND 2 ONLY AND THERE IS NO M ENTION OF GROUND NO.3,4 AND 5 AS RAISED BY REVENUE IN ITS GROUND OF APPEAL. THE REVENUE CONTENDED THAT ITAT IN ITS ORDER HAS UPHELD THE DECISION OF CIT(A) REGARDI NG ALLOWABILITY OF DEDUCTION U/S.80IB SIMPLY RELYING UPON THE DECISION IN THE CA SE OF NODI EXPORTS V. ACIT AND THE SAID DECISION IS IN RESPECT OF ALLOWABILITY OF DEDU CTION U/S.80IB AGAINST INCOME DERIVED FROM SALE OF DEPB LICENCE, WHICH CIT(A) HAS DECIDED AGAINST THE ASSESSEE. THE CASE LAW RELIED ON BY THE ASSESSEE IS NOT RELEV ANT TO THE ISSUES RAISED IN THE GROUNDS OF APPEAL. AS THE ITAT HAS DECIDED THE ISS UE WHICH WAS NEVER RAISED IN THE REVENUES GROUND OF APPEAL AS THE SAME WAS DECIDED IN FAVOUR OF THE REVENUE BY CIT(A) AND THE SAME IS A MISTAKE APPARENT FROM THE TRIBUNALS ORDER. MA NO.332/AHD/2009 A.Y . 2002-03 DCIT CIR-1, ABD V.M/S. MAHALAXMI EXPORTS PAGE 2 3. AFTER GOING THROUGH THE ORDER OF TRIBUNAL, WE FI ND THAT THE TRIBUNAL HAS COMMITTED MISTAKE APPARENT FROM RECORD AND THE REAL ISSUE IS AS REGARDS TO DEDUCTION U/S.80-IB, WHETHER THE ASSESSEE IS ENGAGE D IN MANUFACTURING ACTIVITY OR NOT HAS NOT BEEN DECIDED. WE FIND THAT THE PLEA OF REVENUE IS QUITE REASONABLE AND THERE IS MISTAKE APPARENT FROM THE RECORD IN THE OR DER OF TRIBUNAL IN NOT DECIDING THE ISSUE. ACCORDINGLY, WE RECALL THE ORDER OF TRIBUNAL AND THIS MA OF REVENUE IS ALLOWED. WE FIX THE APPEAL FOR HEARING ON 12-10-2010 AND NO FURTHER NOTICE WILL BE SENT WITH EITHER OF PARTIES FOR HEARING. 4. IN THE RESULT, REVENUES MA IS ALLOWED. ORDER PRONOUNCED IN OPEN COURT ON 09/07/2010 SD/- SD/- (N.S. SAINI) (MA HAVIR SINGH) (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) AHMEDABAD, DATED : 09/07/2010 *DKP COPY OF THE ORDER FORWARDED TO :- 1. THE ASSESSEE. 2. THE REVENUE. 3. THE CIT(APPEALS)-XVII, AHMEDABAD 4. THE CIT CONCERNS. 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER, /TRUE COPY/ DEPUTY / ASSTT.REGISTRAR ITAT, AHMEDABAD