ALEMBIC GLASS INDUSTRIES LTD., Baroda V. THE DY.CIT, BARODA CIRCLE-1, Baroda

MA 50/AHD/2008

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 4331 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 11 month(s) 23 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 12-03-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 1999-2000
• Appeal Filed On: 19-03-2008
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SAMIR VAKIL
• Assessee Lawyers: S N SOPARKAR

Judgement Text

IN THE INCOME TAX APPELLLATE TRIBUNAL AHMEDABAD BENCHES B , AHMEDABAD BEFORE S/ SHRI N.S.SAINI, A. M, & SHRI MAHAVIR SINGH, J.M. M.A.NO.50/AHD/2008 (ARISING OUT ITA NO.4192 /AHD/2003 ASST.YEAR.1999-00 DATE OF HEARING:12.3.10 DRAFTED:12,3,10 ALEMBIC GLASS INDUSTRIES LTD., FINANCE DIVISION, ALEMBIC ROAD, VADODARA- 39003 PAN NO.AABCA7953Q VS. DCIT, BARODA CIRCLE-1, BARODA (APPELLANT) (RESPONDENT) (ORIGINAL APPELLANT) (ORIGINAL RESPONDENT) APPELLANT BY : SHRI S.N. SOPARKAR RESPONDENT BY: SH RI SAMIR VAKIL, SR. DR ORDER PER MAHAVIR SINGH, J.M. BY WAY OF THIS MISCELLANEOUS APPLICATION (MA), THE ASSESSEE HAS REQUESTED FOR RE-CALLING OF THE ORDER PASSED BY THE TRIBUNAL IN ITA NO.4192/AHD/2003 DATED 31-10-2007 THAT THE ISSUE OF ESI AND P.F. CO NTRIBUTION MADE WITHIN THE DUE DATE OF FILING OF RETURN IS SQU ARELY COVERED BY THE HONBLE APEX COURT IN THE CASE OF CIT V. VINAY CEMENT LTD. (2007) 213 CTR 268 (SC) AND LD. COUNSEL FOR THE ASSESSEE URGED THE BENCH TH AT A SUBSEQUENT DECISION OF HONBLE APEX COURT IS A CLEAR MISTAKE APPARENT FROM THE RECORD OF THE TRIBUNAL AND THIS VIEW HAS BEEN HELD BY THE HONBLE JURISDIC TIONAL HIGH COURT IN THE CASE OF ACIT V. SAURASHTRA KUCH STOCK EXCHANGE LTD. (2007) 262 ITR 146 (GUJ) AND HONBLE APEX COURT HAS DECIDED THE ISSUE IN FAVOUR OF THE ASSESSEE IN THE CASE OF ACIT V. SAURASHTRA KUCH STOCK EXCHANGE LTD. (2008) 305 ITR 227 (SC). 2 2. AFTER HEARING THE BOTH SIDES, WE FIND NOW THE HO NBLE APEX COURT HAS DECIDED THE ISSUE IN THE CASE OF VINAY CEMENT LTD. (SUPRA) HAS DECIDED THE ISSUE IN FAVOUR OF THE ASSESSEE. ACCORDINGLY, WE RE-CALL THE ORDER OF THE TRIBUNAL. 3. IN THE RESULT, ASSESSEES MA IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 12/03/2010. SD/- SD/- (N.S.SAINI) (MAHAVIR SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER PLACE: AHMEDABAD. DATE : 12-03-2010 DKP* COPY OF THE ORDER FORWARDED TO :- 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A)-I, BARODA 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE (IN DUPLICATE) BY ORDER, /TRUE COPY/ DR / AR, ITAT, AHMEDABAD