The Dy. CIT, Circle-15, Ahmedabad V. Sudhaben Balkrishna Trivedi, Ahmedabad

MA 9/AHD/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4826 (ITAT-AHMEDABAD)
• Duration Of Justice: 9 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 26-10-2016
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2008-2009
• Appeal Filed On: 25-01-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

MA NO .09 /AHD/201 6 A SSESSMENT Y EAR: 20 08 - 09 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD D BENCH, AHMEDABAD [CORAM: PRAMOD KUMAR AM AND S.S. GODARA JM ] MA NO. 09 /AHD/201 6 (IN ITA NO. 2658 /AHD/201 1 ) ASSESSMENT YEAR: 20 08 - 09 DY. COMMISSIONER OF INCOME TAX, CIRCLE 15, AHMEDABAD. . . . APPLICANT VS. SUDHABEN BALKRISHNA TRIVEDI, . ... ... .. RESPONDENT 10, SBI SOCIETY OPP. MANEKBAUG, AMBAVADI, AHMEDABAD. [P AN: A CAPT 7244 H ] APPEARANCES BY: JAMES KURIAN FOR THE APPLICANT MONIL SHAH , FOR THE RESPONDENT DATE OF CONCLU DING THE HEARING : 05 . 08 .2016 DATE OF PRONOUNC ING THE ORDER : 26 . 10. 2016 O R D E R PER PRAMOD KUMAR , AM : 1. BY WAY OF TH IS MISCELLANEOUS APPLICATION, THE APPLICANT ASSESSING OFFICER INVITES OUR ATTENTION TO THE FACT THAT , WHILE DISPOSING OF THE APPEAL V IDE ORDER DATED 29.09.2015, THE TRIBUNAL DID NOT D EAL WITH THE ASSESSING OFFICER S GRIEVANCE AGAINST CIT(A) S DELETING THE DISALLOWANCE OF RS.50,00,000/ - IN RESPECT OF CLAIM UNDER SECTION 54EC OF THE INCOME TAX ACT , 1951 . IT IS SUBMITTED THAT APPARENTLY D UE TO AN INADVERTENT MI S TAKE , THE TRIBUNAL DID NOT D E AL WITH THE SAID GRIEVANCE OF THE ASSE S SING OFFICER. MA NO .09 /AHD/201 6 A SSESSMENT Y EAR: 20 08 - 09 PAGE 2 OF 2 2. L EARNED COUNSEL FOR THE ASSESSEE FAIRLY DOES NOT DISPUTE THE ERROR POIN TED OUT BY T HE APPLICANT AND SUBMITS THAT T HERE IS INDEED AN ERROR IN THE OR DER DATED 29.09.2016 TO THAT EXTENT. 3. HAVING HEARD T HE RIVAL CONTENTIONS AND HAVING PERUSED THE MATERIAL ON RECORD, WE FIND THAT THE TRIBUNAL HA S INDEED COMMITTED AN ERROR IN NOT DISPOSING OF ASSESSING OFFICER S GRIEVANCE AGAINST CIT(A) S ALLOWING THE CL AIM UNDER SECTION 54EC OF REC BOND OF RS.50 ,00,000/ - . THE MISTAKE IS GLARING AND INCAPABLE OF TWO OPINIONS IN THIS REGARD. IN THIS VIEW OF THE MATTER, WE HEREBY RECALL THE TRIBUNAL S ORDER DATED 29.09.2015 FOR THE LIMITED PURPOSES OF DEALING WITH THE AFO RESAID GRIEVANCE OF THE ASSESSING OFFICER. 4. IN THE RESULT, THE MISCELLANEOUS APPLICATION I S ALLOWED IN THE TERMS INDICATED ABOVE. PRONOUNCED IN THE OPEN COURT TODAY ON 26 TH DAY OF OCTOBER, 2016 . SD/ - SD/ - S.S. GODARA PRAMOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) DATED: 26 TH DAY OF OCTOBER , 2016. COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTAN T REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD