The Dy.Commissioner of Income Tax, Circle-3(1), Baroda V. Aditi Construction, Baroda

MA 61/AHD/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4828 (ITAT-AHMEDABAD)
• Duration Of Justice: 5 month(s) 5 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 24-10-2016
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: Not Allotted
• Assessment Year: misc
• Appeal Filed On: 19-05-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

MA NO. 61 /AHD/201 6 ASSESSMENT Y EAR: 20 07 - 08 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD A BENCH, AHMEDABAD [CORAM: PRAMOD KUMAR AM AND S.S. GODARA JM ] MA NO. 61 /AHD/201 6 (IN ITA NO.1 654 /AHD/201 4 ) ASSESSMENT YEAR: 20 07 - 08 DY. COMMISSIONER OF INCOME TAX, CIRCLE 3 ( 1 ), VADODARA. . . . APPLICANT VS. ADITI CONSTRUCTION, . ... ... .. RESPONDENT SAMRAJYA - II, SAMRAJYA COMPLEX, AKOTA - MUNJMAHUDA ROAD, AKOTA, BARODA 309 020 [P AN: AA DFA 3100 C ] APPEARANCES BY: PRASOON KABRA FOR THE APPLICANT P.M. MEHTA , FOR THE RESPONDE NT DATE OF CONCLUDING THE HEARING : 21 . 10 .2016 DATE OF PRONOUNC ING THE ORDER : 24 . 10. 2016 O R D E R PER PRAMOD KUMAR , AM : 1. BY WAY OF TH IS MISCELLANEOUS APPLICATION, THE APPLICANT ASSESSING OFFICER POINTS OUT THAT WHILE THE TRIBUNAL HAS VIDE ORDER DATED 15.12.2015 DISMISSED THE APPEAL ON THE GROUND THAT TAX EFFECT INVOLVED IS LESS THAN RS.10 LAKHS, IN REALITY ACTUAL TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS MORE THAN RS.10 LAKHS. 2. WHEN THIS APPLICATION WAS CALLED OUT FOR HEARING, LEARNED COUNSEL F OR THE ASSESSEE FAIRLY ADMITTED THE FACTUAL ELEMENT EMBEDDED IN THE PRESENT APPLICATION AND DID NOT OPPOSE THE APPEAL BEING RECALLED FOR ADJUDICATION AFRESH ON MERITS. MA NO. 61 /AHD/201 6 ASSESSMENT Y EAR: 20 07 - 08 PAGE 2 OF 2 3. IN VIEW OF THE ABOVE DISCUSSION AND BEARING IN MIND THE FACT THAT THE TAX EFFECT IN VOLVED IN THE PRESENT APPEAL IS INDEED MORE THAN RS.10 LAKHS, WE HEREBY RECALL OUR ORDER DATED 15.12.201 5 AND DIRECT THE REGISTRY TO FIX THE MATTER AFRESH FOR H E ARING DENOVO ON MERITS IN DUE COURSE. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION I S ALL OWED. PRONOUNCED IN THE OPEN COURT TODAY ON 24 TH DAY OF OCTOBER, 2016 . SD/ - SD/ - S.S. GODARA PRAMOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) DATED: 24 TH DAY OF OCTOBER , 2016. COPIES TO : (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD