The ACIT, Central Circle-1, Surat V. M/s. Fairdeal Filaments Ltd., Surat

MA 37/AHD/2014

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 2726 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 27-02-2015
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 20-02-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 25-02-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ROOP CHAND
• Assessee Lawyers: R N VEPARI

Judgement Text

, A IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, AHMEDABAD , .. ' , #$ # % BEFORE SHRI MUKUL KR. SHRAWAT, JUDICIAL MEMBER AND SHRI N.S. SAINI, ACCOUNTANT MEMBER MISC. APPLICATION NO.37 & 38/AHD/2014 IN ITA NO1562 AND 1576/AHD/2010 [ASSTT. YEAR: 2007-08] ACIT, CENT.CIR.1 SURAT. VS FAIRDEAL FILAMENTS LTD. 3 RD FLOOR, DAWER CHAMBERS RING ROAD, NR.SUB-JAIL SURAT. PAN : AAACF 3804 A. &' / (APPLICANT) )* &' / (RESPONDENT) ASSESSEE(S) BY : SHRI R.N. VEPARI REVENUE BY : SHRI ROOPCHAND, SR.DR / DATE OF HEARING : 20/02/2015 / DATE OF PRONOUNCEMENT: 27/02/2015 #+/ O R D E R PER MUKUL KR. SHRAWAT, JUDICIAL MEMBER: THESE TWO MISC. PETITIONS, BOTH HAVE BEEN FILED ON 25.2.2014 BY THE REVENUE, RAISED AN IDENTICAL OBJECTION THAT ON PARA-10, PAGE NO.10 THE TRIBUNAL, IN THE ORDER IN ITA NO.1562, 1576/AHD /2010 DATED 15.2.2013 HAS MENTIONED THAT THE GROUND NO.1 OF BOT H SIDES ARE SET ASIDE, AND HENCE TREATED AS ALLOWED FOR STATISTICAL PURPOSE ONLY. 2. THE MAIN GRIEVANCE OF THE REVENUE DEPARTMENT IS REPRODUCED BELOW: MA NOS.37 AND 38/AHD/2014 2 ON PERUSAL OF THE SAID APPELLATE ORDER OF THE ITAT , IT IS OBSERVED THAT IN THE FIRST PARA ON PAGE 9 OF THE ORDER IT IS WRITTEN THAT ON THIS COUNT, WE THEREFORE HOLD THAT NO ADDITION IS R EQUIRED IN THE HANDS OF ASSESSEE. HOWEVER IN THE FIRST PARA OF PAG E NO.10 OF THE ORDER IT IS WRITTEN THAT GROUND NO.1OF THE BOTH SID E ARE SET ASIDE HENCE TO BE TREATED AS ALLOWED FOR STATISTICAL PURP OSE IT IS CLEAR FROM THE ABOVE DISCUSSION THAT ON THE G ROUND OF APPEAL OF THE ASSESSEE, HON'BLE ITAT HAS DELETED ENTIRE AD DITION AT ONE PLACE AND ANOTHER PLACE THIS ISSUE HAS BEEN SET ASI DE IN THE SAID APPELLATE ORDER. THESE FACTS OF THE APPELLATE ORDER CREATE CONFUSION, WHETHER ADDITION HAS BEEN DELETED OR THE ISSUE OF ADDITION HAS BEEN SET ASIDE. HENCE MISCELLANEOUS AP PLICATION IS TO BE FILED BEFORE THE HON'BLE ITAT 'B' BENCH, AHMEDAB AD TO CLARIFY ITS DECISION ON THE ISSUE. 3. ON THIS SHORT ISSUE, WE HAVE HEARD BOTH THE SIDE S. 4. WE HAVE REPRODUCED THE GROUNDS OF APPEAL, AS RAI SED FROM THE SIDE OF THE REVENUE, AS ALSO FROM THE SIDE OF THE A SSESSEE. THE GROUND NO.1 OF THE ASSESSEE WAS IN RESPECT OF DISALLOWANCE UNDER SECTION 40A(2) OF THE IT ACT , WHEREAS, GROUND NO1. OF THE REVENUE WAS IN RESPECT OF GP ADDITION. VIDE PARA-9, WE HAVE DECID ED THE GROUND NO.1 OF THE REVENUE DEPARTMENT, AND HELD THAT NO ADDITIO N WAS REQUIRED IN THE HANDS OF THE ASSESSEE. VIDE PARA 9.1 AND 10, W E HAVE CONSIDERED GROUND NO.1 OF THE ASSESSEE AND RESTORED THE ISSUE FOR DE NOVO CONSIDERATION. THEREFORE, PARA-10 OF THE ORDER OF THE TRIBUNAL DATED 15.2.2013, SHALL NOW READS AS UNDER: RESULT OF THE ABOVE DISCUSSION IS THAT THE GROUND NO.1 OF THE ASSESSEE IS SET ASIDE, HENCE BE TREATED AS ALLOWED FOR STATISTICAL PURPOSE, AND GROUND NO.1 OF THE REVENUE DEPTT. IS D ISMISSED. IN CONSEQUENCE THEREUPON, THE COMBINED RESULT IN PA RA-12 OF THE ORDER SHALL BE READ, HENCEFORTH, AS UNDER: MA NOS.37 AND 38/AHD/2014 3 IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMIS SED AND THE APPEAL OF THE ASSESSEE MAY BE TREATED AS PARTLY ALL OWED, THAT TOO, FOR STATISTICAL PURPOSE. 5. THE ABOVE ORDER OF THE TRIBUNAL, IS THEREFORE, R ECTIFIED ACCORDINGLY. 6. IN THE RESULT, THE MA OF THE REVENUE ARE ALLOWED . ORDER PRONOUNCED IN THE COURT ON FRIDAY THE 20 TH FEBRUARY, 2015 AT AHMEDABAD. SD/- SD/- ( N.S. SAINI) ACCOUNTANT MEMBER (MUKUL KR. SHRAWAT) JUDICIAL MEMBER