The Joint Commissioner of Income Tax(OSD), Ahmedabad V. Adani Enterprises Limited, Ahmedabad

MA 83/AHD/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4859 (ITAT-AHMEDABAD)
• Duration Of Justice: 4 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 21-10-2016
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 17-06-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: K MADHUSUDHAN
• Assessee Lawyers: BIREN V SHAH
• Keywords: Tax effect

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, AHMEDABAD BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI AMRJIT SINGH, ACCOUNTANT MEMBER MA NO. 83/AHD/2016 IN ITA.NO.2529/AHD/2013 / ASSTT.YEAR 2008-2009 DCIT (INTL.TXN.) - 1 AHMEDABAD. VS ADANI ENTERPRISE LTD. ADANI HOUSE, NR. MITHAKHALI SIX ROADS NAVRANGPURA AHMEDABAD. / (APPELLANT) / (RESPONDENT) REVENUE BY : SHRI K. MADHUSUDHAN, SR.DR ASSESSEE BY : SHRI BIREN V. SHAH, AR / DATE OF HEARING : 21/10/2016 / DATE OF PRONOUNCEMENT: 21/10/2016 !'/ O R D E R PER RAJPAL YADAV, JUDICIAL MEMBER PRESENT MISC. APPLICATION IS DIRECTED AT THE INSTAN CE OF THE REVENUE FOR RECALL OF ORDER OF THE TRIBUNAL DATED 16.12.2015 PA SSED IN ITA NO.2529/AHD/2013 AND RELATED CO NO.100/AHD/2013. 2. IT IS PLEADED IN THE APPLICATION THAT ITS APPEAL WAS DISMISSED ON ACCOUNT OF LOW TAX EFFECT INVOLVED IN THE APPEAL. THE AO H AS PLEADED THAT TAX EFFECT BY VIRTUE OF ORDER OF THE LD.CIT(A) IS MORE THAN RS .10 LAKHS, AND THEREFORE, THE APPEAL OUGHT NOT HAVE BEEN DECIDED BY APPLYING CBDT CIRCULAR MA NO.83/AHD/2015 2 NO.21/2015. THE LD.COUNSEL FOR THE ASSESSEE DID NO T CONTEST THIS PLEADING AND HAS EXPRESSED THAT THE AO HAS RIGHTLY PLEADED THAT TAX EFFECT IS MORE THAN RS.10 LAKHS, AND THEREFORE, THE APPEAL OF THE REVEN UE IS MAINTAINABLE. 3. IN VIEW OF THE ABOVE FACTS, WE RECALL THE ORDER OF THE TRIBUNAL DATED 16.12.2015 IN ITA NO.2529/AHD/2013 AND CO NO.100/AH D/2013 FOR THE ASSTT.YEAR 2008-09. THE APPEAL AND CO ARE RESTORED TO THEIR ORIGINAL NUMBER AND THE REGISTRY IS DIRECTED TO LIST THE APPEAL AND CO FOR HEARING ON 21 ST DECEMBER, 2016. THIS DATE HAS DULY BEEN INFORMED T O THE REPRESENTATIVES OF BOTH THE PARTIES, THEREFORE, NO FRESH NOTICE TO BE ISSUED TO THE PARTIES. 4. IN THE RESULT, THE MA IS ALLOWED. ORDER PRONOUNCED IN THE COURT ON 21 ST OCTOBER, 2016 AT AHMEDABAD. SD/- SD/- (AMARJIT SINGH) ACCOUNTANT MEMBER (RAJPAL YADAV) JUDICIAL MEMBER AHMEDABAD; DATED 21/10/2016