Gujarat Mineral Development Corporation Ltd., Ahmedabad V. The CIT(A), A'bad-2, Ahmedabad

MA 348/AHD/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0926 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 3 month(s) 28 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 05-03-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 07-11-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: LALIT P JAIN
• Section: 80IA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, AHMEDABAD (THROUGH VIRTUAL COURT) BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER & MS. MADHUMITA ROY, JUDICIAL MEMBER M.A. NO.348/AHD/2019 (IN ITA NO. 2951/AHD/2015) (ASSESSMENT YEAR: 2011-12) GUJARAT MINERAL DEVELOPMENT CORPORATION LTD. KHNAIJ BHAVAN, 132FT. RING ROAD, UNIVERSITY GROUND, AHMEDABAD-380052 VS. CIT(A)-2 AHMEDABAD [PAN NO. AAACG7987P] ( APPELLANT ) .. ( RESPONDENT ) APPELLANT BY : SHRI S. N. SOPARKAR SR. ADV., WITH MS. URVASHI SODHAN A.RS. RESPONDENT BY : SHRI LALIT P. JAIN, SR. D.R. DATE OF HEARING 05/03/2021 DATE OF PRONOUNCEMENT 05/03/2021 O R D E R PER MS. MADHUMITA ROY - JM: THE INSTANT APPLICATION FILED BY THE ASSESSEE IS FO R RECTIFICATION OF THE ORDER DATED 14.03.2019. THE LD. TRIBUNAL HAS BEEN PLEASE D TO SET-ASIDE THE QUANTUM APPEAL IN ITA NO. 873/AHD/2015 TO THE FILE OF THE LD. CIT( A) FOR VERIFICATION PURPOSE RELATING TO ISSUE OF ALLOCATION OF EXPENSES OF 80IA UNITS AND OTHER UNITS. THE LD. TRIBUNAL HAS DISMISSED THE PENALTY APPEAL IN ITA NO . 2951/AHD/2015 AS INFRUCTUOUS. 2. THE LD. SENIOR COUNSEL APPEARING FOR THE ASSESSE E JOINTS ISSUES HERE. HE SUBMITTED THAT SINCE THE QUANTUM APPEAL HAS BEEN SE T-ASIDE TO THE FILE OF THE LD. CIT(A) FOR PASSING ORDERS AFRESH THE PENALTY APPEAL IS ALSO REQUIRED TO BE SENT BACK TO - 2 - MA N O.348/AHD/2019(IN ITA NO.2951/A/15) GUJARAT MINERAL DEVELOPMENT CORPORATION LTD. VS. CI T ASST.YEAR 2011-12 THE FILE OF THE LD. CIT(A) FOR PASSING APPROPRIATE ORDER ON THE BASIS OF THE ORDER TO BE PASSED IN THE QUANTUM APPEAL. 3. WE FIND SUBSTANCE IN SUCH SUBMISSION ADVANCED BY THE LD. SENIOR COUNSEL APPEARING FOR THE ASSESSEE. WE, THUS, RECALL OUR O RDER IN ITA NO. 2951/AHD/2015 FOR A.Y. 2011-12 BY DIRECTING THE PENALTY ORDER TO THE FILE OF THE LD. CIT(A) FOR PASSING APPROPRIATE ORDER AFRESH. HENCE, THE APPLICATION I S ALLOWED. 4. IN THE RESULT, MISC. APPLICATION IS ALLOWED. THIS ORDER PRONOUNCED IN OPEN COURT ON 05/03/2021 SD/- SD/- (WASEEM AHMED) (MS. MADHUMITA ROY) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 05/03/2021 TANMAY, SR.PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ( ) / THE CIT(A). 5. , ! ' , #$%% / DR, ITAT, AHMEDABAD 6. &' () / GUARD FILE. / BY ORDER, //TRUE COPY// / ( DY./ASSTT.REGISTRAR) !, #$ / ITAT, AHMEDABAD 1. DATE OF DICTATION 05/03/2021. 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER /03/2021 3. OTHER MEMBER 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S /03/2021 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S /03/2021 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 05/03/2021 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK ... 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 10. DATE OF DESPATCH OF THE ORDER