The Dy. Commr. Of Income Tax, Cir.-1, JAMNAGAR V. M/s Seabird Marine Services P. Ltd., Jamnagar

MA 7/RJT/2023

AI Insights

The case involves a Miscellaneous Application (M.A. No.7/RJT/2023) filed by the Revenue concerning a previous order (ITA No.282/RJT/2016) related to the Assessment Year 2013-14. The application sought to rectify ground no.5 of the original order due to a subsequent amendment in the Finance Act No.6 of 2022, which affected the interpretation of Section 40(a)(ii) of the Income Tax Act concerning education cess and SHEC. Both the Departmental Representative and the Authorized Representative agreed on the amendment's applicability, leading to the rectification of the ground in question.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 129879 (ITAT-RAJKOT)
• Duration Of Justice: 4 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 29-08-2023
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 24-08-2023
• Assessment Year: 2013-2014
• Appeal Filed On: 25-04-2023
• Laws Referred To: Income Tax Act
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ASHISH KUMAR PANDEY
• Keywords: Retrospective amendment

Judgement Text

M.A. No.7/RJT/2023 (In ITA No.282/RJT/2016) A.Y. 2013-14 1 IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT (Conducted through E-Court at Ahmedabad) BEFORE Ms. SUCHITRA KAMBLE, JUDICIAL MEMBER AND SHRI WASEEM AHMED, ACCOUNTANT MEMBER M.A. No.7/RJT/2023 (In ITA No.282/RJT/2016) Assessment Year: 2013-14 Assistant Commissioner of Income Tax, Circle-1, Jamnagar. Vs. M/s. Seabird Marine Services Pvt. Ltd., 215-218, Venus Apptt., Opp. Cricket Bunglow, Jamnagar [PAN – AACCS 9869 C] (Appellant) (Respondent) Assessee by Shri Kapil Sanghvi, AR Revenue by Shri Ashish Kumar Pandey , Sr. DR Da te o f He a r in g 25.08.2023 Da te o f P ro n o u n ce m e n t 30.08.2023 O R D E R PER SUCHITRA KAMBLE, JUDICIAL MEMBER : This Miscellaneous Application is filed by the Revenue in respect of order dated 14.10.2022 passed by the Tribunal. 2. The Ld. DR submitted that as regards to ground no.5, there is a subsequent amendment in Finance Act No.6 of 2022 with retrospective effect from 01.04.2005 at Explanation-3 to Section 40(a)(ii) of the Act. Ld. DR submitted to rectify the ground no.5 to the extent of amendment and consider the same. 3. The Ld. AR agrees to the said amendment. 4. We have heard both the parties and perused all the relevant material available on record. It is pertinent to note that the Finance Act No.6 of 2022 inserted Explanation-3 to Section 40(a)(ii) with retrospective effect from 01.04.2005 and at M.A. No.7/RJT/2023 (In ITA No.282/RJT/2016) A.Y. 2013-14 2 the time of deciding the appeal, the said Explanation is operative. Therefore, there is a mistake apparent on record. Hence, ground no.5 decided in paragraph no.12 in respect of order dated 14.10.2022 needs to be modified/rectified and the same is rectified as follows :- “As regards Ground no.5 the issue related to education cess & SHEC under Section 40(a)(ii) of the Income Tax Act comes under the purview of Explanatioon-3 to Section 40(a)(ii) and therefore the same is allowed. Thus, ground no.5 is allowed” 5. In the result, Miscellaneous Application filed by the Revenue is allowed. Order pronounced in the open Court on this 30 th August, 2023. Sd/- Sd/- (WASEEM AHMED) (SUCHITRA KAMBLE) Accountant Member Judicial Member Ahmedabad, the 30 th day of August, 2023 PBN/* Copies to: (1) The appellant (2) The respondent (3) CIT (4) CIT(A) (5) Departmental Representative (6) Guard File By order UE COPY Assistant Registrar Income Tax Appellate Tribunal Ahmedabad benches, Ahmedabad