M/s Micro Turners, Chandigarh V. ACIT, Chandigarh

MA 45/CHANDI/2018

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6833 (ITAT-CHANDIGARH)
• Duration Of Justice: 6 month(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 27-07-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 12-01-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

MA NO. 45/CHD/2018- M/S MICRO TURNERS, CHANDIGARH 2 DECISION OF HON'BLE JURISDICTIONAL HIGH COURT OF H IMACHAL PRADESH IN M/S STOVKRAFT INDIA VS. CIT IN ITA NO. 20/2015 DATED 28 .11.2017, WHEREIN, THE DECISION OF THE TRIBUNAL IN THE CASE OF HYCRON (SUP RA) HAS BEEN SET ASIDE. IT HAS BEEN FURTHER SUBMITTED THAT GROUNDS NOS. 3 & 4 OF THE APPEAL WERE NOT ADJUDICATED BY THE TRIBUNAL. 3. THE LD. DR IS FAIR ENOUGH TO CONCEDE THIS FACTU AL MATRIX. IT IS SETTLED LAW THAT IN THE CASE OF LAW DECLARED / ANY INTERPRETATION MADE BY THE HIGHER COURT, IT IS TO BE TAKEN AS SUCH INTERPRETAT ION WAS THE RIGHT INTERPRETATION OF THOSE PROVISIONS AS ON THE DATE O F THEIR INCORPORATION IN THE STATUTE. IN VIEW OF THIS, ANY CONTRARY INTERPR ETATION MADE BY THIS TRIBUNAL WOULD CONSTITUTE MISTAKE APPARENT ON RECOR D. 4. IN VIEW OF THIS, WE FIND MERIT IN THE APPLICATIO N AND, THEREFORE, WE RECALL THE ORDER OF THE TRIBUNAL DATED 19.09.2017 I N THE ABOVE CAPTIONED APPEAL AND RESTORE THE APPEAL TO ITS ORIGINAL POSIT ION TO BE HEARD AFRESH. NOTICES OF DATE OF HEARING BE ISSUED TO THE PARTIE S. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (DR.B.R.R. KUMAR) (SANJAY GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 27.07.2018 RKK COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR