Madhusudan Industries Ltd., Ahmedabad V. The Income Tax Officer, Ward-4(4), Ahmedabad

MA 87/AHD/2014

• Counselvise Citation: [2015] 124 COUNSELVISE.COM (IT) 2728 (ITAT-AHMEDABAD)
• Duration Of Justice: 8 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 13-02-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 06-02-2015
• Assessment Year: 2002-2003
• Appeal Filed On: 09-06-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: URAVASHI SODHAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, AHMEDABAD (BEFO RE SHRI MUKUL KR. SHRAWAT, J.M. & SHRI ANIL CHATURVEDI , A.M.) M . A. NO. 87 / AHD/ 20 1 4 (IN ITA NO. 767/AHD/2007) (A SSESSMENT YEAR: 2002 - 03) MADHUSUDAN INDUSTRIES LTD. MADHUSUDAN HOUSE, OPP. NAVRANGPURA TELEPHONE EXCHANGE, NAVRANGPURA, AHMEDABAD V/S THE I.T.O., WARD 4 (4), AHMEDABAD (APPELLANT) (RESPONDENT) APPELLANT BY : SMT. URAVASHI SODHAN, A.R RESPONDENT BY : SHR I NIMESH YADAV, SR. D.R. ( )/ ORDER DATE OF HEARING : 06 - 02 - 2015 DATE OF PRONOUNCEMENT : 13 - 02 - 2015 PER SHRI ANIL CHATURVEDI,A.M. 1. THROUGH THIS M.A. ASSESSEE WANT S US TO MAKE MODIFICATION IN THE ORDER PASSED IN ITA NO. 767/AHD/2007 ORDER DATED 30.05.2014 . 2. IN THE MISCELLANEOUS A PPLICATION, IT IS SUBMITTED THAT A.O WHILE FRAMING THE ASSESSM ENT HAD DISALLOWED PRIOR PERIOD EXPENDITURE OF RS. 5,17,785/ - AGAINST WHICH ASSESSEE HAD PREFERRED APPEAL BEFORE LD. CIT(A). LD. CIT(A) GRANTED ONLY PARTIAL RELIEF TO ASSESSEE BY DELETING THE DISALLOWANCE OF RS. 3,06,978/ - . AGAINST THE ORDER OF LD. CIT(A), ASSESSEE AND REVENUE BOTH PREFERRED APPEAL BEFORE HON BLE ITAT. HON BLE ITAT VIDE PARA NO. 28 OF THE ORDER IN M. A NO 87/AHD/14 (IN ITA NO. 767/A/07 . A.Y. 2002 - 03 2 ITA NO. 767/AHD/2007 (ORDER DATED 30.05.2014) DISMISSED THE GROUND OF ASSESSEE BUT HOWEVER WITH RESPECT TO THE GROUND OF REVENUE ON THE SAME ISSU E AT PARA NO. 33 STATED THAT THE GROUND OF REVENUE IS ALLOWED. BEFORE US, LD. A.R. SUBMITTED THAT WHEN GROUND NO. 5 FILED BY THE ASSESSEE WAS DISMISSED THEN GROUND NO. 2 OF THE REVENUE WHICH WAS ALSO ON THE SAME ISSUE, OUGHT TO HAVE BEEN DISMISSED. IT WAS THEREFORE SUBMITTED THAT THE MISTAKE IN ALLOWING THE GROUND OF REVENUE IS APPARENT ON RECORD AND THEREFORE THE SAME MAY BE RECTIFIED. THE LD. D.R. DID NOT OBJECT TO THE SUBMISSIONS MADE BY THE LD. A.R. 3. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL ON RECORD. WE FIND THAT WHILE DECIDING GROUND NO. 5 WITH RESPECT TO PRIOR PERIOD EXPENDITURE OF ASSESSEE S APPEAL AT PARA NO. 28, THE GROUND OF THE ASSESSEE WAS DISMISSED AND SINCE GROUND NO. 2 OF REVENUE S APPEAL (AT PARA NO. 33) WAS INTERCONNEC TED WITH THE GROUND OF ASSESSEE, THE SAME SHOULD ALSO HAVE BEEN DISMISSED BUT INADVERTENTLY IT IS STATED TO HAVE BEEN ALLOWED AND THUS THE MISTAKE HAS CREPT IN THE ORDER. WE THEREFORE CORRECT THE MISTAKE AND THEREFORE NOW PARA NO. 33 TO 35 OF THE COMBINED ORDER IN ITA NOS. 766,767,781 , 1063 & 1064/AHD/2007 ORDER DATED 04.10.2013 WILL READ AS UNDER: - '33. SINCE GROUND NO. 2 OF THE PRESENT APPEAL IS CONNECTED WITH GROUND NO. 5 OF ITA NO. 766/AND/2007 WHICH IS WITH RESPECT TO PRIOR PERIOD EXPENSES AND SINCE T HE GROUND NO. 5 OF ASSESSEE IN ITA NO. 766/AHD/2007 IS DISMISSED HEREINABOVE, THIS GROUND OF REVENUE IS ALSO DISMISSED. THUS THIS GROUND OF THE REVENUE IS DISMISSED' 34. IN THE RESULT, THE APPEAL OF REVENUE IS DISMISSED. 35. IN THE RESULT ITA NO. 781/AHD/2010 REVE NUE S APPEAL IS DISMISSED ITA NOS. 1063 & 1064/AHD/2010 REVENUE S APPEAL ARE DISMISSED, ITA NO. 766/AHD/2010 ASSESSEE S M. A NO 87/AHD/14 (IN ITA NO. 767/A/07 . A.Y. 2002 - 03 3 APPEAL IS PARTLY ALLOWED AND ITA NO. 767/AHD/2010 REVENUE S APPEAL IS ALSO DISMISSED. 4. IN THE RESULT, THE MISCELLANEOUS A PPLICATION IS ALLOWED. ORDER PRONOUNCED IN OPEN COURT ON 13 - 02 - 201 5 . SD/ - SD/ - (MUKUL 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