M/s. Ashutosh Freight Carrier Pvt. Ltd., Mundra (Kutch) V. The Assistant Commissioner of Income Tax, Gandhidham Circle, GANDHIDHAM

MA 8/RJT/2014

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4381 (ITAT-RAJKOT)
• Duration Of Justice: 2 year(s) 2 month(s) 26 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 22-04-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 05-04-2016
• Assessment Year: 2005-2006
• Appeal Filed On: 27-01-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: M J CHARANIA

Judgement Text

MA NO.08 / RJT/201 4 ASSESSMENT YEAR: 20 05 - 06 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT (CONDUCTED THROUGH E - COURT AT AHMEDABAD) BEFORE SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SHRI S.S. GODARA, JUDICIAL MEMBER M.A. NO.08/RJT/2014 (IN I TA NO. 77 /RJT/20 09) ASSESSMENT YEAR: 20 05 - 06 M/S. ASHUTOSH FREIGHT CARRIER PVT. LTD. VS. ASST. COMMISSIONER OF INCOME BORAI GATE, TAX, GANDHIDHAM CIRCLE, MUNDRA - KUTCH. GANDHIDHAM. [PAN: AA CCA 8127 B ] (APPELLANT) (RESPONDENT) APPELLANT BY : WRITTEN SUBMISSION RESPONDENT BY : M.J. CHARANIA, D.R. DATE OF HEARING : 0 5 .04.2016 DATE OF PRONOUNCEMENT : 22 .04.2016 O R D E R PER S.S. GODARA, J.M. THIS ASSESSEE S M ISCELLANEOUS A PPLICATION FILED UNDER SECTION 254(2) OF THE INCOME TAX ACT, 1961 SEEKS TO RECALL T RIBUN AL S ORDER DATED 11.03.2010 PARTLY ALLOWING ITS MAIN APPEAL THEREBY CONFIRMING SECTION 40 (A)(IA) DISALLOWANCE OF RS.1,06,48,520/ - . 2. A PERUSAL OF THE CASE FILE REVEALS THAT THE ASSESSEE HAS FILED ITS APPLICATION CLARIFYING THAT IT S M ISCELLANEOUS A PPLICA TION HAS BECOME INFRUCTUOUS AS UNDER : - 1. THE CAPTIONED MISCELLANEOUS APPLICATION IS FIXED FOR HEARING ON 29 TH MARCH, 2016. 2. WE HAVE TO SUBMIT THAT THE ISSUE UNDER THE APPEAL (AS DECIDED BY HON'BLE DIVISION BENCH, WHICH IS SUBJECT MATTER OF THE PRESE NT MA), HAS SINCE BEEN DECIDED IN FAVOUR OF THE APPELLANT BY THE ORDER OF HON'BLE SUPREME COURT OF INDIA (COPY ATTACHED) HOLDING INTER ALIA THAT 'HAVING REGARD TO THESE AMENDMENTS AND THE DECISION OF THE GUJARAT HIGH COURT IN GROUP OF MATTERS BEING TAX APP EAL NO. MA NO.08 / RJT/201 4 ASSESSMENT YEAR: 20 05 - 06 PAGE 2 OF 2 412 OF 2013, 'COMMISSIONER OF INCOME TAX VS. OMPRAKASH R. CHAUDHARY AND OTHERS', WE ARE SATISFIED THAT GRIEVANCE OF THE PETITIONER IS TAKEN CARE OF . 3. SINCE THE APPELLANT WAS ONE OF THE PARTIES BEFORE THE HON'BLE SUPREME COURT IN THE ABOVE MATTE R AND SINCE THE APEX COURT HAS CLEARLY AND CATEGORICALLY ENDORSED THE VIEW OF HON'BLE GUJARAT HIGH COURT AS TO T HE RETROSPECTIVE NATURE OF THE AMENDMENT IN SECTION 40(A)(IA) OF THE ACT BY THE NEW PROVISO TO THIS SECTION, SUBSTITUTED INTO THE STATUTE BOOK B Y THE FINANCE ACT, 2010, THE AO IS IN THE PROCESS OF GIVING EFFECT TO THIS ORDER. IN VIEW OF THIS FACT, THE MISCELLANEOUS APPLICATION FILED BY THE APPELLANT HAS BECOME INFRUCTUOUS AND THE SAME IS ACCORDINGLY NOT REQUIRED TO BE ADJUDICATED ON MERIT. THE SA ME MAY PLEASE BE DISPOSED OFF ACCORDINGLY . 3. LEARNED DEPARTMENTAL REPRESENTATIVE IS FAIR ENOUGH IN NOT OPPOSING THIS WITHDRAWAL OF THE ASSESSEE S M ISCELLANEOUS A PPLICATION. WE ACCORDINGLY HOLD THAT ASSESSEE S GRIEVANCE FORMING SUBJECT MATTER OF THE INS TANT M ISCELLANEOUS A PPLICATION HAS BEEN RENDERED INFRUCTUOUS. 4 . ORDERED ACCORDINGLY. THIS MISC. APPLICATION IS DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN C OURT TODAY ON TH E 22 ND DAY OF APRIL, 2016. SD/ - SD/ - ANIL CHATURVEDI S.S. GODARA (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) AHMEDABAD, THE 22 ND DAY OF APRIL , 2016 PBN/ * 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 RAJKOT BENCH, RAJKOT