ITO, , Ward-1(1)(3), Ahmedabad V. Labh Construction & Industries Ltd., Ahmedabad

MA 45/AHD/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4892 (ITAT-AHMEDABAD)
• Duration Of Justice: 6 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-11-2016
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 18-11-2016
• Assessment Year: 2001-2002
• Appeal Filed On: 29-04-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

MA NO. 4 5 /AHD/201 6 ASSESSMENT Y EAR: 20 01 - 02 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH, AHMEDABAD [CORAM: PRAMOD KUMAR AM AND S.S. GODARA JM ] MA NO. 4 5 /AHD/201 6 (IN ITA NO. 2604 /AHD/201 4 ) ASSESSMENT YEAR: 20 01 - 02 DY. COMMISSIONER OF INCOME TAX, CIRCLE 8 , AHMEDABAD. . . . APPLICANT VS. LABH CONSTRUCTION & INDUSTRIES LTD. . ... ... .. RESPONDENT AHMEDABAD 380 013. [P AN: AA A C L 2648 G ] APPEARANCES BY: K. MADHUSUDAN FOR THE APPLICANT NONE , FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : 18 . 1 1 .2016 D ATE OF PRONOUNC ING THE ORDER : 18 .11 . 2016 O R D E R PER PRAMOD KUMAR , AM : 1. BY WAY OF TH IS MISCELLANEOUS APPLICATION, THE APPLICANT ASSESSING OFFICER POINTS OUT THAT WHILE THE TRIBUNAL HAS VIDE ORDER DATED 15.12.2015 DISMISSED THE APPEAL ON THE GROUND THAT TAX EFFECT INVOLVED IS LESS THAN RS.10 LAKHS, IN REALITY ACTUAL TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS MORE THAN RS.10 LAKHS. 2. WHEN THIS APPLICATION WAS CALLED OUT FOR HEARING, NONE WAS PRESENT FOR THE ASSESSEE. WE HAVE, HOWEVER, PERUSED T HE COMPUTATION OF TAX EFFECT AS FURNISHED IN THE APPLICATION AND WE FIND IT TO BE PRIMA FACIE CORRECT. MA NO. 4 5 /AHD/201 6 ASSESSMENT Y EAR: 20 01 - 02 PAGE 2 OF 2 3. IN VIEW OF THE ABOVE DISCUSSION AND BEARING IN MIND THE FACT THAT THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS INDEED MORE THAN RS.10 LAKHS, WE H EREBY RECALL OUR ORDER DATED 15.12.201 5 AND DIRECT THE REGISTRY TO FIX THE MATTER AFRESH FOR H E ARING DENOVO ON MERITS IN DUE COURSE. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION I S ALLOWED. PRONOUNCED IN THE OPEN COURT TODAY ON 18 TH DAY OF NO VEMBER , 2016 . SD/ - SD / - S.S. GODARA PRAMOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) DATED: 18 TH DAY OF NOVEMBER , 2016. COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CI T(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD