The Dy.Commissioner of Income Tax Circle-2(1)(2), Ahmedabad V. M/s. Kiri Dyes & Chemicals Ltd., Ahmedabad

MA 54/AHD/2016

• Counselvise Citation: [2018] 122 COUNSELVISE.COM (IT) 5357 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 5 month(s) 2 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-10-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2009-2010
• Appeal Filed On: 06-05-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

MA NO.54/AHD/2016 DCIT VS. KIRI DYES & CHEMICALS LTD ASSESSMENT YEAR: 2009-10 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD D BENCH, AHMEDABAD [CORAM: PRAMOD KUMAR, AM AND MS. MADHUMITA ROY, JM] M.A. NO. 54/AHD/2016 (IN ITA NO. 130/AHD/2014) ASSESSMENT YEAR: 2009-10 DCIT (OSD)-1 ............APPLICANT CIRCLE-4, AHMEDABAD VS. KIRI DYES & CHEMICALS LTD .......................RESPONDENT 7 TH FLOOR, HASUBHAI CHAMBER, ELLISBRIDGE, AHMEDABAD-380006 [PAN : AAACK 9025 L] APPEARANCES BY: SK DEV, FOR THE APPLICANT TP HEMANI, FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : 05.10.2018 DATE OF PRONOUNCING THE ORDER : 08.10.2018 O R D E R PER PRAMOD KUMAR, AM: 1. BY WAY OF THIS RECTIFICATION PETITION, THE ASSES SING OFFICER-APPLICANT SEEKS RECALL OF OUR ORDER DATED 15 TH DECEMBER 2015 ON THE GROUND THAT THE ACTUAL TAX EF FECT IN THIS APPEAL WAS RS.12,81,430; WHEREAS THE APPEAL WAS DISMISSED ON THE GROUND THAT TAX EFFECT INVOLVED WAS LESS THAN RS.10 LACS. 2. WHEN THIS APPLICATION WAS CAME UP FOR HEARING, LEARNED REPRESENTATIVES FAIRLY AGREED THAT THIS PETITION IS NOW INFRUCTUOUS INASMU CH AS THE LOW TAX EFFECT THRESHOLD FOR NOT PRESSING THE DEPARTMENTAL APPEAL IS NOW ENH ANCED TO RS.20 LACS VIDE CBDT CIRCULAR NO.3 OF 2018 DATED 11.07.2018. LEARNED DE PARTMENTAL REPRESENTATIVE FAIRLY ACCEPTS THAT, GIVEN THIS DEVELOPMENT, THE RE CALL OF THE ORDER WILL NOT SERVE ANY PURPOSE. 3. IN VIEW OF THE ABOVE DISCUSSIONS AND BEARING IN MIND THE ENTIRETY OF THE CASE, WE TREAT THE IMPUGNED PETITION AS NOT PRESSED AND D ISMISSED THE SAME ACCORDINGLY. 4. IN THE RESULT, THE APPLICATION IS DISMISSED. PRO NOUNCED IN THE OPEN COURT TODAY ON THE 8 TH OCTOBER, 2018. SD/- SD/- MS. MADHUMITA ROY PRA MOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) AHMEDABAD, THE 8 TH OCTOBER, 2018 **BT MA NO.54/AHD/2016 DCIT VS. KIRI DYES & CHEMICALS LTD ASSESSMENT YEAR: 2009-10 PAGE 2 OF 2 COPIES TO: (1) THE APPELLANT (2) THE RESPONDE NT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER TRUE COPY ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD 1. DATE OF DICTATION: ......05.10.2018 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE T HE DICTATING MEMBER: ... 05.10.2018........ 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR . P.S./P.S.: 08.10.2018... 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE TH E DICTATING MEMBER FOR PRONOUNCEMENT: 08.10.2018 5. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK : ... 08.10.2018... 6. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK : . 7. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ORDER: