The DCIT, Circle-5, Ahmedabad V. Riddhi Siddhi Gluco Biols Ltd., Ahmedabad

MA 34/AHD/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6776 (ITAT-AHMEDABAD)
• Duration Of Justice: 5 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 26-08-2011
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2004-2005
• Appeal Filed On: 16-03-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: G S SURYAVANSHIDR
• Assessee Lawyers: PRAKASH D SHAHAR
• Keywords: Rectification of order
• Section: 115JB

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH 'C' BEFORE SHRI BHAVNESH SAINI,JM & SHRI A N PAHUJA,AM M A NO.34/AHD/2011 [IN ITA NO.3243/AHD/2007 (ASSESSMENT YEAR:-2004-05) DEPUTY COMMISSIONER OF INCOME TAX,CIRCLE- 5,AHMEDABAD V/S RIDDHI SIDDHI GLUCO BOILS LTD.,701,SAKAR-1,OPPOSITE GANDHIGRAM RAILWAY STATION,AHMEDABAD [PAN;AABCR 3417Q] [APPLICANT] [ORIGINAL APPELLANT] [RESPONDENT] [ORIGINAL RESPONDENT] REVENUE BY :- SHRI G.S.SURYAVANSHI,DR ASSESSEE BY:- SHRI PRAKASH D SHAH,AR DATE OF HEARING :- 12-08-2011 DATE OF PRONOUNCEMENT:- 26-08-2011 O R D E R A N PAHUJA: THIS IS A MISCELLANEOUS APPLICATION[MA] FILED ON 16.3.2011 BY THE REVENUE, SEEKING RECTIFICATION OF ORDER DATED 30- 7-2010 OF THE ITAT IN ITA. NO.3243/AHD/2007 FOR THE AY 2004-05 FOR ADJUDICATION OF GROUND NO.2 IN THEIR APPEAL. 2. BEFORE US BOTH THE PARTIES AGREED THAT INADVE RTENTLY, FOLLOWING GROUND NO.2 IN THE APPEAL OF REVENUE WAS NOT ADJU DICATED IN THE AFORESAID ORDER DATED 30.7.2010 2. THE LD. COMMISSIONER OF INCOME-TAX(A)-XI,AHMEDABAD HAS ERRED IN LAW & ON FACTS IN DIRECTING THE ASSESSING OFFICER NOT TO INCLUDE THE PRIOR PERIOD EXPENSES AND INTEREST EXPENSES D ISALLOWED WHILE RECOMPUTING THE BOOK PROFIT U/S 115JB OF THE INCO ME-TAX ACT,1961. 2.1 ACCORDINGLY, THIS BEING A MISTAKE APPARENT FRO M THE RECORD, WE RECALL THE IMPUGNED ORDER DATED 30-7-2010 OF THE IT AT AND DIRECT THE REGISTRY TO FIX THE MATTER FOR HEARING IN THE REGULAR COURSE FOR MA NO.34/A/2011 2 THE LIMITED PURPOSE OF ADJUDICATING THE AFORESAID GROUND NO.2 IN THE APPEAL OF THE REVENUE. 3. IN THE RESULT, MA IS ALLOWED. ORDER PRONOUNCED IN THE COURT TODAY ON 26-08-2011 SD/- SD/- ( BHAVNESH SAINI ) JUDICIAL MEMBER ( A N PAHUJA ) ACCOUNTANT MEMBER DATED : 26-08-2011 COPY OF THE ORDER FORWARDED TO: 1. RIDDHI SIDDHI GLUCO BOILS LTD.,701,SAKAR-1,OPPOS ITE GANDHIGRAM RAILWAY STATION,AHMEDABAD 2. DEPUTY COMMISSIONER OF INCOME TAX,CIRCLE-5,AHME DABAD 3. CIT CONCERNED 4. CIT(A)-XI, AHMEDABAD 5. DR, ITAT, AHMEDABAD BENCH-C, AHMEDABAD 6. GUARD FILE BY ORDER DEPUTY REGISTRAR ASSISTANT REGISTRAR ITAT, AHMEDABAD