The Jt.CIT, Circle-1(1)(2), Baroda V. Inox India Private Ltd., Vadodara

MA 65/AHD/2020

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 6963 (ITAT-AHMEDABAD)
• Duration Of Justice: 6 month(s) 22 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 09-09-2020
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2015-2016
• Appeal Filed On: 18-02-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 201

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, AHMEDABAD [ CONDUCTED THROUGH VIRTUAL COURT] BEFORE SHRI RAJPAL YADAV, VICE PRESIDENT AND SHRI WASEEM AHMED, ACCOUNTANT MEMBER MA NO. 65/AHD/2020 (IN ./IN ITA NO.756/AHD/2019) ( /ASSESSMENT YEAR : 2015-16) THE JT.COMMISSIONER OF INCOME TAX (OSD), CIRCLE-1(1)(2), BARODA / VS. M/S.INOX INDIA PVT.LTD. 9 TH FLOOR, K P PLATINA RACE COURSE VADODARA 390 007 ./ ./PAN/GIR NO. : AAACI 4416 P ( /APPLICANT ) .. ( / RESPONDENT ) / APPLICANT BY : SHRI DILEEP KUMAR, SR.DR / RESPONDENT BY: SHRI BHAVIN MARFATIA, AR / DATE OF HEARING 04/09/2020 / DATE OF PRONOUNCEMENT 09/09/2020 / O R D E R PER RAJPAL YADAV, VICE PRESIDENT: THE PRESENT MISCELLANEOUS APPLICATION IS DIRECTED AT THE INSTANCE OF THE REVENUE POINTING OUT AN APPARENT ERROR IN THE O RDER OF THE TRIBUNAL DATED 14/08/2019 PASSED IN ITA NO.756/AHD/2019 FOR AY 201 5-16. 2. IT IS PLEADED IN THE APPLICATION THAT APPEAL OF THE REVENUE BEARING ITA NO.756/AHD/2019 WAS DISMISSED ON THE GROUND THAT TA X EFFECT INVOLVED IN THE APPEAL BY VIRTUE OF RELIEF GIVEN BY THE CIT(A) IS B ELOW RS.50 LAKHS. THE REVENUE HAS FURTHER PLEADED THAT, IN FACT, TAX EFFE CT IS OF RS.89,40,016/- MA NO.65/AHD/2020 (IN ITA NO.756/AHD/2019) JT.CIT VS. M/S.INOX INDIA PVT.LTD. ASST.YEAR 2015- 16 - 2 - WHICH IS MORE THAN RS.50 LAKHS AND, THEREFORE, ITS APPEAL OUGHT NOT TO HAVE BEEN DISMISSED BY APPLYING CIRCULAR NO.17 OF 2019 D ATED 08/08/2019. 3. THE LD.COUNSEL FOR THE ASSESSEE WAS UNABLE TO CONTROVERT THIS CONTENTION AND AGREED THAT TAX EFFECT WAS MORE THAN RS.50 LAKH S AND APPEAL OF THE REVENUE OUGHT NOT TO HAVE BEEN DISMISSED WITH THE H ELP OF THIS CIRCULAR. 4. CONSIDERING THE ABOVE FACT, WE RECALL OUR ORDER TO THE ABOVE EXTENT AND RESTORE ITA NO.756/AHD/2019 FOR AY 2015-16 TO I TS ORIGINAL NUMBER. REGISTRY IS DIRECTED TO LIST THE APPEAL FOR HEARING ON 28/09/2020 . NO NOTICE WILL BE ISSUED AS THIS DATE OF HEARING HAS DULY BEE N INFORMED TO BOTH THE PARTIES. 5. IN THE RESULT, MISCELLANEOUS APPLICATION FILE D BY THE REVENUE IS ALLOWED. THIS ORDER PRONOUNCED IN OPEN COURT ON 09/09/2020 SD/- SD/- ( WASEEM AHMED ) ( RAJPAL YADAV ) ACCOUNTANT MEMBER VICE PRESIDENT AHMEDABAD; DATED 09 /09/2020 # . . , . $ . . / T.C. NAIR, SR. PS ! / COPY OF THE ORDER FORWARDED TO : 1. / THE APPLICANT 2. / THE RESPONDENT. 3. %&' ( / CONCERNED CIT 4. ( ( ) / THE CIT(A)-1, VADODARA 5. )* + $$&' , &' , % / DR, ITAT, AHMEDABAD 6. + ./ / GUARD FILE. / BY ORDER, ) $ //TRUE COPY// / (DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD