FAG BEARINGS INDIA LIMITED, Baroda V. THE DY. COMMISSIONER OF I.TAX, CIRCLE-1., Baroda

MA 47/AHD/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 8887 (ITAT-AHMEDABAD)
• Duration Of Justice: 6 month(s) 20 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 21-09-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 13-07-2012
• Assessment Year: 2001-2002
• Appeal Filed On: 02-03-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: D K SINGH
• Section: 234B

Judgement Text

, , , , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, AHMEDABAD , ! '#, $% $ & BEFORE SHRI MUKUL KR.SHRAWAT, JUDICIAL MEMBER AND SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER MA NO.47/AHD/2012 ( ./ ARISING OUT OF I.T.A. NO.792/AHD/2006) ( ! ) ! ) ! ) ! ) / / / / ASSESSMENT YEAR : 2001-02) FAG BEARINGS INDIA LTD. P.O. MANEJA VADODARA (ORIGINAL APPELLANT) ! ! ! ! / VS. THE DCIT CIRCLE-1 VADODARA (ORIGINAL RESPONDENT) * $% ./+, ./ PAN/GIR NO. : AAACF 3357 Q ( *- / // / APPLICANT ) .. ( ./*- / RESPONDENT ) *- 0 $ / APPLICANT BY : WITHDRAWAL APPLICATION ./*- 1 0 $ / RESPONDENT BY : SHRI D.K.SINGH, SR.D.R. !2 1 % / / / / DATE OF HEARING : 21/09/12 34) 1 % / DATE OF PRONOUNCEMENT : 21/09/12 $5 / O R D E R PER SHRI MUKUL KR. SHRAWAT, JUDICIAL MEMBER : AGAINST THE ORDER OF THE ITAT D BENCH AHMEDABAD IN ITA NO.792/AHD/2006 PASSED FOR ASSESSMENT YEAR 2001-02 IN THE CASE OF FAG BEARING INDIA LTD. VS. DCIT PRONOUNCED ON 30-09 -2011, THE ASSESSEE HAS FILED THE MISCELLANEOUS APPLICATION ( FILED ON 2/03/2012) REQUESTING TO WITHDRAW THE SAME THOROUGH APPLICATIO N DATED 21/09/2012 BY SUBMITTING AS UNDER:- MA NO.47AHD/2012 ( OUT OF ITA NO.792/A HD/2006) FAG BEARINGS INDIA LTD. VS. DCIT ASST.YEAR 2001-02 - 2 - MAY IT PLEASE THE HON'BLE MEMBERS OF THE INCOME TA X APPELLATE TRIBUNAL. THE APPLICATION OF THE APPLICANT HEREIN (APPELLANT IN ORIGINAL APPEAL) MOST RESPECTFULLY SUBMIT AS UNDER: 1. THE APPLICANT HEREIN WAS APPELLANT IN ITA NO.792/AHD/2006 FILED FOR ASSESSMENT YEAR 2001-02 AGAINST THE ORDER OF THE CI T (A). 2. THE ABOVE REFERRED MATTER CAME BEFORE THE 'D B ENCH' COMPRISING OF HON'BLE SHRI G.D. AGARWAL AND SHRI MUKUL KR. SHRAWAT. THE HON'BL E TRIBUNAL VIDE ORDER DATED 30-09-2011 HAS DECIDED THE ABOVE APPEAL. 3. VIDE GROUND NO. 9 OF THE APPEAL, THE APPELLANT AO IN CHARGING INTEREST U/S 234D OF THE INCOME-TAX ACT, 1961. 4. IT WAS STATED THAT NO INTEREST WAS CHARGEABLE U /S 234D OF THE ACT AS THE ASSESSMENT YEAR HEREIN CONCERNED WAS AY 2001-02. THE APPELLA NT VIDE WRITTEN SUBMISSION DATED 9.10.2009 VIDE PARA 80 HAD RELIED ON THE DECI SION OF SPECIAL BENCH IN THE CASE OF TTO VS. EKTA PROMOTERS P. LTD. 115 TTJ 789 (DEL. ). 5. ALSO, IN THE COMPARATIVE STATEMENT DEALI NG WITH VARIOUS GROUNDS OF APPEAL FILED BEFORE THE TRIBUNAL (REFER ANNEXURE-1), ALSO THE APPELLANT HAD RELIED ON THE DECISION OF SPECIAL BENCH SUPRA. 6. THE ITAT VIDE PARA 21.1 OF THE ORDER HAS HELD THAT CHARGEABILITY OF INTEREST U/'S 234B AND 234D IS MERELY CONSEQUENTIAL IN NATUR E. 7. WE MOST RESPECTFULLY SUBMITS THAT THE DE CISION RELIED UPON BY THE APPELLANT SPECIFICALLY DEALING WITH CHARGING OF INTEREST U/S 234D IS NOT CONSIDERED BY THE TRIBUNAL WHILE DECIDING THE GROUND OF CHARGING INTE REST U/S 234D OF THE ACT. 8. IN VIEW OF THE ABOVE SUBMISSION YOUR APP LICANT MOST RESPECTFULLY PRAYS AS UNDER: A. THE ORDER OF THE HON'BLE INCOME TAX APPELLATE TRIBUNAL DATED 30-09-2011 MAY PLEASE BE RECALLED AND THE GROUND DEALING WITH CHAR GING OF INTEREST U/S 234D BE DECIDED AFRESH AFTER GIVING OPPORTUNITY OF BEING HE ARD IN THE MATTER. B. SUCH OTHER AS THE HON'BLE TRIBUNAL MAY DEEM FI T IN THE FACTS AND CIRCUMSTANCES OF THE PRESENT APPLICATION. FOR THIS ACT OF KINDNESS THE APPLICANT SHALL AS IN DUL> BOUND, SHALL FOR EVER PRAY AND REMAIN GRATEFUL. MA NO.47AHD/2012 ( OUT OF ITA NO.792/A HD/2006) FAG BEARINGS INDIA LTD. VS. DCIT ASST.YEAR 2001-02 - 3 - THE FEES REQUIRED TO BE PAID HAS BEEN PAID AND CHAL LAN EVIDENCING THE PAYMENT OF RS. 50 FOR THE FEES IS ENCLOSED HEREWITH FOR YOUR R ECORD, FOR FAG INDIA LTD. SD/- RAJENDRA ANANDPARA MANAGING DIRECTOR BARODA, FEBRUARY 03,2012 2. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED T HAT HE DOES NOT WANT TO PRESS THE MISCELLANEOUS APPLICATION FILED B Y THE ASSESSEE AND, THEREFORE, HE MAY BE PERMITTED TO WITHDRAW THE SAME . 3. IN VIEW OF THE SUBMISSION OF THE LEARNED COUNSEL FOR THE ASSESSEE, THIS MISCELLANEOUS APPLICATION IS DISMISSED, AS WI THDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 21/ 09/ 2012 SD/- SD/- ( ! '# ) ( ) $% ( ANIL CHATURVEDI ) ( MUKU L KR. SHRAWAT ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED / /2012 6..!, .!../ T.C. NAIR, SR. PS MA NO.47AHD/2012 ( OUT OF ITA NO.792/A HD/2006) FAG BEARINGS INDIA LTD. VS. DCIT ASST.YEAR 2001-02 - 4 - $5 1 .7 8$7) $5 1 .7 8$7) $5 1 .7 8$7) $5 1 .7 8$7)/ COPY OF THE ORDER FORWARDED TO : 1. *- / THE APPELLANT 2. ./*- / THE RESPONDENT 3. 9 / CONCERNED CIT 4. 9() / THE CIT(A)-III, BARODA 5. 7<= .! , , / DR, ITAT, AHMEDABAD 6. = >2 / GUARD FILE. $5! $5! $5! $5! / BY ORDER, /7 . //TRUE COPY// ? ?? ?/ // / + + + + ( DY./ASSTT.REGISTRAR) , , , , / ITAT, AHMEDABAD 1. DATE OF DICTATION (COPY MATTER) ON 21.9.12 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 21.9.12 OTHER MEMBER 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S.. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S24.9.12 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 24.9.12 7. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 8. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 9. DATE OF DESPATCH OF THE ORDER