M/s Universal Print O Pack, Solan V. DCIT, Circle , Parwanoo

MA 38/CHANDI/2018

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6567 (ITAT-CHANDIGARH)
• Duration Of Justice: 4 month(s) 6 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 02-05-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 26-12-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MANJIT SINGH
• Keywords: Opportunity of being heard; Reasonable cause

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCHB, CHANDIGARH BEFORE SMT. DIVA SINGH, JUDICIAL MEMBER AND DR. B.R.R. KUMAR, ACCOUNTANT MEMBER MISC. APPLICATION NO.38/CHD/2018 (IN ITA NO.1104/CHD/2017) (ASSESSMENT YEAR : 2013-14) M/S UNIVERSAL PRINT O PACK VS. THE DCIT VILL- KISHANPURA, TEHSIL NALAGARH CIRCLE PARWANOO SOLAN PAN/TAN: AABFU8813G (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI PARIKSHIT AGGARWAL DEPARTMENT BY : SHRI MANJIT SINGH DATE OF HEARING : 06.04.2018 DATE OF PRONOUNCEMENT : 02/05/2018 O R D E R PER DR. B.R.R. KUMAR, A.M. : THROUGH THIS MISC. APPLICATION ASSESSEE HAS SOUGHT TO AMEND THE ORDER OF TRIBUNAL IN ITA NO.1104/CHD/2017 THROU GH WHICH APPEAL HAS BEEN DISMISSED BY FOLLOWING THE DECISION OF THE CO-ORDINATE BENCH IN THE CASE OF M/S. HYCRON ELECTRONICS VS. IT O IN ITA NO. 798/CHD/2012 ON THE ISSUE OF ALLOWABILITY OF DEDUCT ION UNDER SECTION 80IC. 2. THE LD. COUNSEL FOR THE ASSESSEE REFERRED TO THE MISC. APPLICATION AND SUBMITTED THAT THE HONBLE HIGH COU RT OF HIMACHAL PRADESH IN A GROUP OF CASES NAMELY M/S STOVE KRAFT INDIA VS. CIT IN ITA NO. 20/2015 DT.28/11/2017 HAS SET ASIDE THE ORD ER OF THE ITAT IN M/S. HYCRON ELECTRONICS(SUPRA). IT WAS PRAYED THAT SINCE IT WAS A 2 MISTAKE APPARENT FROM RECORD WHICH IS RECTIFIABLE U NDER SECTION 254(2) AS LAID DOWN IN ACIT VS. SAURASHTRA KUTCH ST OCK EXCHANGE LTD. 305 ITR 227 (SUPREME COURT) THE ORDER MAY PLEASE BE AMENDED AFTER AFFORDING REASONABLE OPPORTUNITY OF BEING HEARD. 3. LD. DR FAIRLY CONCEDED TO THE REQUEST AS IT IS B ASED ON THE JUDGMENT OF THE JURISDICTIONAL HIGH COURT. 4. AFTER CONSIDERING THE RIVAL SUBMISSIONS CAREFULL Y, WE ARE SATISFIED THAT THE ASSESSEE HAD REASONABLE CAUSE TO SEEK RECTIFICATIO N , THEREFORE, IN THE INTEREST OF JUSTICE WE RECALL THE ORDER OF TRIBUNAL IN ITA N O. 1104/CHD/2017. 5. REGISTRY IS DIRECTED TO FIX THE HEARING OF APPEA L ON 19/04/2018 AS PRONOUNCED IN THE COURT AND ASSESSEE SHALL TAKE NOT ICE FROM THIS ORDER ITSELF AS NO SEPARATE NOTICE WOULD BE ISSUED. 6. IN THE RESULT MISC. APPLICATION IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (DIVA SINGH) (DR. B.R.R. KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 02/05/2018 AG COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. THE CIT 5. THE DR