Gujarat Narmada Valley Fertilizers Co.Ltd., (Now known as Gujarat Narmada Valley Fertilizers & Chemicals Ltd.), Bharuch V. The Dy.CIT, Bharuch Circle, Bharuch

MA 84/AHD/2014

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 2476 (ITAT-AHMEDABAD)
• Duration Of Justice: 5 month(s) 24 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 28-11-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2005-2006
• Appeal Filed On: 04-06-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V K SINGH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, AHMEDABAD (BEFO RE SHRI MUKUL KR. SHRAWAT, J.M. & SHRI ANIL CHATURVEDI , A.M.) M . A. NO. 84 / AHD/ 20 1 4 (IN ITA NO. 3871/AHD/2008 ) (A SSESSMENT YEAR: 2005 - 06 ) GUJARAT NARMADA VALLEY FERTILIZERS CO. LTD. (NOW KNOWN AS GUJARAT N ARMADA VALLEY FERTILIZERS AND CHEMICALS LTD.) P.O. NARMADANAGAR - 392015 DIST. BHARUCH, GUJARAT V/S THE D.C.I.T, BHARUCH CIRCLE, BHARUCH (APPELLANT) (RESPONDENT) PAN: AAACN 6804E APPELLANT BY : SHRI SANJAY R. SHAH RES PONDENT BY : SHRI V.K. SINGH , SR. D.R. ( )/ ORDER DATE OF HEARING : 21 - 11 - 2014 DATE OF PRONOUNCEMENT : 28 - 11 - 2014 PER SHRI ANIL CHATURVEDI,A.M. 1. THE PRESENT MI SCELLANEOUS APPLICATION IS FILED BY THE AS S ESSEE IN RESPECT OF ITA NO. 3871/AHD/2008 FOR A.Y. 2005 - 06 (ORDER DATED 27.08 .2013 ). THE ASSESSEE VIDE MISCELLANEOUS A PPLICATION HAS SUBMITTED THAT AS PER THE IMPUGNED ORDER , GROUND NO. 6 WHICH WAS WITH RESPECT TO DISALLOWANCE U/S 40(A)(IA) AMOUNTING TO RS. 40,40,629/ - WAS LEFT OUT TO BE ADJUDICATED BY THE HO N BLE ITAT WHILE PARTLY ALLOWING T HE APPEAL OF ASSESSEE . HE THEREFORE SUBMITTED THAT THE ORDER BE M.A NO 8 4/AHD/2014(IN ITA NO. 3871/A/08 ) . A.Y. 2005 - 06 2 RECALLED TO ADJUDICATE THE GROUND . T HE LD. D.R. DID NOT OBJECT TO THE REQUEST OF THE LD. A.R. 2. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. FROM THE ORDER IN ITA NO. 3871/AHD/20 08 ORDER DATED 27.08 .2013 , WE FIND THAT ASSESSEE HAD RAI SED THE GROUND NO. 6 WHICH READS AS UNDER: - 6 . IN LAW AND IN THE FACTS AND CIRCUMSTANCES OF THE APPELLANT S CASE, THE LD. CIT(APPEALS) HAS ERRED IN CONFI RMING DISALLOWANCE UNDER SECTION 40(A)(IA) OF EXPENSES AMOUNT OF RS. 40,40,629 / - REIMBURSED TO THE CONSIGNMENT AGENT. IT IS SUBMITTED THAT IT BE SO HELD NOW. ' 3. WE FIND THAT THOUGH THE AFORESAID GROUND WAS RAISED BY ASSESSEE BUT WAS INADVERTENTLY OVER - LOOK ED AND WAS NOT ADJUDICATED WHILE DISPOSING THE APPEAL WHICH IS THEREFORE A MISTAKE APPARENT FROM RECORD. WE THEREFORE RECALL THE ORDER IN IT A NO. 3871/AHD/20 08 DATED 27/08 /2013 ONLY FOR THE LIMITED P URPOSE OF DECIDING THE GROUND NO. 6 OF ITA NO. 3871/AHD/2 006. THE REGISTRY IS DIRECTED TO FIX HEARING IN DUE COURSE. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION FILED BY ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN OPEN COURT ON 28 - 11 - 201 4 . SD/ - SD/ - (MUK UL KR. SHRAWAT ) (ANIL CHATURVEDI) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD. TRUE COPY RAJESH COPY OF THE ORDER FORWARDED TO: - 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS) 4. THE CIT CONCERNED. 5. THE DR., ITAT, AHMEDABAD. 6. GUARD FILE. BY ORDER DEPUTY/ASSTT.REGISTRAR ITAT,AHMEDABAD