ACIT, Ludhiana V. M/s Perfect Forgings, Ludhiana

MA 55/CHANDI/2012

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 0444 (ITAT-CHANDIGARH)
• Duration Of Justice: 2 year(s) 9 month(s) 26 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 27-06-2013
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 23-11-2012
• Assessment Year: 2004-2005
• Appeal Filed On: 31-08-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: J S NAGAR
• Section: 80IB

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCH A, CHANDIGARH BEFORE SHRI T.R.SOOD ACCOUNTANT MEMBER AND MS. SUSHMA CHOWLA, JUDICIAL MEMBER M.A. 55/CHD/2012 IN ITA NO. 332/CHD/2008 A.Y : 2004-05 THE ACIT, CIRCLE-V, V M/S PERFECT FORGINGS, AAYAKAR BHAWAN, G.T.ROAD, RISHI NAGAR, LUDHIANA. LUDHIANA. (APPELLANT) (RESPONDENT) DEPARTMENT BY : SHRI J.S.NAGAR ASSESSEE BY : SHRI ASHOK GOYAL DATE OF HEARING : 21.06.2013 DATE OF PRONOUNCEMENT : 27.6.2013 ORDER PER T.R.SOOD, A.M. THROUGH THIS MISCELLANEOUS APPLICATION, REVENUE HAS SOUGHT RECALLING OF THE ORDER OF THE TRIBUNAL IN THIS CASE . 2. THE LD. DR POINTED OUT THAT THIS APPEAL WAS ADJ UDICATED ALONGWITH MANY APPEALS IN CASE OF HERO EXPORTS VS ACIT, LUDHI ANA AND OTHERS VIDE ORDER DATED 31.8.2009. HOWEVER, THE READING O F THE ASSESSMENT ORDER WOULD SHOW THAT ASSESSEE'S APPEAL WAS NOT CON SIDERED IN THE BODY OF THE ORDER. IN ANY CASE, THE ISSUES RAISED BY TH E REVENUE IN THIS APPEAL WERE DIFFERENT FROM THE ISSUES CONSIDERED IN THE CONSOLIDATED ORDER. THEREFORE, ORDER MAY BE RECALLED. 3. ON THE OTHER HAND, LD. COUNSEL OF THE ASSESSEE S UPPORTED THE ORDER OF TRIBUNAL. 4. AFTER CONSIDERING RIVAL SUBMISSIONS, WE FIND THA T IN CASE OF HERO EXPORTS & OTHERS, THE MAIN ISSUE WHICH WAS ADJUDICA TED WAS TREATMENT 2 OF DEPB ENTITLEMENT FOR THE PURPOSE OF DEDUCTION U/ S 80HHC, WHEREAS IN CASE OF REVENUES APPEAL IN ITA NO. 332/CHD/2008, T HE ISSUE RAISED IS REGARDING DEDUCTION U/S 80IB OF THE ACT. PERUSAL OF THE CONSOLIDATED ORDER CLEARLY SHOWS THAT THIS APPEAL HAS NOT BEEN A DJUDICATED AND ACCORDINGLY, WE RECALL OUR ORDER DATED 31.08.2009 I N RESPECT OF THIS APPEAL I.E. ITA NO. 332/CHD/2008. REGISTRY IS DIRE CTED TO FIX DATE OF HEARING ON 11.09.2013 AND THE ASSESSEE SHOULD TAKE NOTICE FROM THIS ORDER ITSELF AND NO SEPARATE NOTICE WOULD BE ISSUED . 5. IN THE RESULT, MISCELLANEOUS APPLICATION IS ALLO WED. ORDER PRONOUNCED IN THE OPEN COURT ON 27 TH JUNE, 2013. SD/- SD/- (SUSHMA CHOWLA) ( T.R.SOOD) JUDICIAL MEMBER ACCOUNTANT MEMB ER DATED: 27 TH JUNE, 2013. POONAM COPY TO: THE APPELLANT, THE RESPONDENT, THE CIT(A), THE CIT, DR ASSISTANT REGISTRAR ITAT,CHD.