The ACIT, Circle 2, RAJKOT-GUJARAT V. M/s Bhavani Industries Ltd, RAJKOT-GUJARAT

MA 5/RJT/2010

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6266 (ITAT-RAJKOT)
• Duration Of Justice: 1 year(s) 1 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 25-02-2011
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2004-2005
• Appeal Filed On: 22-01-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: AVINASH KUMAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT BEFORE SHRI A.L. GEHLOT (AM) AND SHRI N.R.S. GANESA N (JM) M.A NO.05/RJT/2010 (ARISING OUT OF I.T.A. NO.123/RJT/2008) (ASSESSMENT YEAR 2004-05) THE ACIT, CIR.2 VS M/S BHAVANI INDUSTRIES LTD RAJKOT C-1-B, 236/3, GIDC AJI IND. ESTATE, RAJKOT PAN : AACFB8046R (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI AVINASH KUMAR RESPONDENT BY : WRITTEN SUBMISSION O R D E R PER AL GEHLOT, AM THIS MISCELLANEOUS APPLICATION IS FILED BY THE REV ENUE AND IS STATED TO BE ARISING OUT OF ORDER DATED 29-05-2009 PASSED IN ITA NO.123/RJT/2008 FOR THE ASSESSMENT YEAR 2004-05. 2. IT IS POINTED OUT IN THE MISCELLANEOUS APPLICATI ON THAT THE ITAT WHILE PASSING THE ORDER DATED 29-05-2009 DID NOT DECIDE G ROUND NO.3, WHICH READS AS FOLLOWS: 3. THE LD.CIT(A)-II, RAKOT HAS ERRED IN LAW AND ON FACTS IN DELETING THE DISALLOWANCE MADE ON ACCOUNT OF PREPAI D INSURANCE EXPENSES OF RS.1,30,245/-. 3. NONE IS PRESENT ON BEHALF OF THE ASSESSEE. HOWE VER, WRITTEN SUBMISSIONS WERE MADE WHEREIN IT IS SUBMITTED THAT THE GROUND RELATED TO INSURANCE WHICH IS COVERED IN FAVOUR OF THE ASSESSE E BY THE ORDER OF ITAT IN ITA NO.447/RJT/2008 PASSED IN ASSESSES OWN CASE FOR ASSESSMENT YEAR MA NO.05/RJT/2010 2 2005-06. THE CIT(A) DECIDED THE ISSUE IN FAVOUR OF THE ASSESSEE VIDE ORDER DATED 07-05-2008 AGAINST WHICH THE REVENUE HA S NOT PREFERRED APPEAL. 4. AFTER HEARING LD.DR WE FIND THAT THE GROUND NO.3 IN REVENUES APPEAL HAS NOT BEEN DISPOSED OFF. THEREFORE, TO THAT EXTE NT, THE ORDER OF THE ITAT IS RECALLED AND TO DECIDE THIS GROUND NO.3, THE APP EAL IS FIXED FOR HEARING ON 29-03-2011. 5. IN THE RESULT, THE MISCELLANEOUS APPLICATION OF THE REVENUE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 25-02-2011. SD/- SD/- (N.R.S. GANESAN) (A.L. GEHLOT) JUDICIAL MEMBER ACCOUNTANT MEMBER RAJKOT, DT : 25 TH FEBRUARY, 2011 PK/- COPY TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT(A)-III, RAJKOT 4. THE CIT-II, RAJKOT 5. THE DR (TRUE COPY) BY ORDER ASSTT.REGISTRAR, ITAT, RAJKOT MA NO.05/RJT/2010 3