Asiatic Industries, Ahmedabad V. The ACIT., Circle-3, Ahmedabad

MA 90/AHD/2013

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 1035 (ITAT-AHMEDABAD)
• Duration Of Justice: 6 month(s) 6 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-10-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 04-10-2013
• Assessment Year: 2003-2004
• Appeal Filed On: 11-04-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P L KUREEL
• Assessee Lawyers: ANKIT TALSANIA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, AHMEDABAD BEFORE SHRI MUKUL KR. SHRAWAT, JUDICIAL MEMBER AND SHRI T. R. MEENA, ACCOUNTANT MEMBER MA NO.90/AHD/2013 (IN ITA NO.446/AHD/2007) A.Y. 2003-04 M/S. ASIATIC INDUSTRIES, 1503, GIDC, NARODA, AHMEDABAD PAN: AACFA 8887F VS THE ACIT CIRCLE-3, 5 TH FLOOR, INSURANCE BUILDING, ASHRAM ROAD, AHMEDABAD (APPELLANT) (RESPONDENT) REVENUE BY : SHRI P.L. KUREEL, SR.D.R. ASSESSEE(S) BY : SHRI ANKIT TALSANIA, A.R. DATE OF HEARING : 04/10/ 2013 DATE OF PRONOUNCEMENT : 18/10/2013 O R D E R PER SHRI MUKUL KR. SHRAWAT, JUDICIAL MEMBER : THROUGH THIS MISC. PETITION FILED ON 11.04 .2013 ARISING FROM AN ORDER OF THE TRIBUNAL AS MENTIONED IN THE NOMENCLATURE DA TED 31.03.2010, IT IS CONTESTED THAT THE EX-PARTE ORDER MUST BE RECALLED AND THE ASSESSEE MUST BE GRANTED AN OPPORTUNITY TO REPRESENT THE CASE. AD MITTED FACTUAL POSITION IS THAT ON THE DATE OF HEARING NO ONE HAS APPEARED FROM THE SIDE OF THE ASSESSEE. 2. THE RESPECTED BENCH HAS FOLLOWED A DECISION OF PANDIAN CHEMICALS, 262 ITR 278 (SC) . IN THE LIGHT OF THIS BACKGROUND, THE ASSESSEE FURNISHED BEFORE US A SMALL NOTE AS UNDER: IF ASSESSEES APPEAL IS DISPOSED OF BY TRIBUNAL IN ABSENCE OF ASSESSEE ON MERITS AND IF ASSESSEE SATISFIED TRIBUNAL THAT THER E WAS SUFFICIENT CAUSE OF HIS NON-APPEARANCE WHEN APPEAL WAS CALLED FOR HEARING. TRIBUNAL MAY SET ASIDE MA NO.90/AHD/2013 IN ITA NO.446/AHD/2007 M/S. ASIATIC INDUSTRIES V/S. ACIT AHMEDABAD 2003-04 - 2 - EX PARTE ORDER AND RESTORE APPEAL FOR DISPOSAL IN A CCORDANCE WITH LAW. RELIANCE IS PLACED ON: 1. PROVISO TO RULE 24 OF THE INCOME TAX APPELLATE T RIBUNALS, 1963 2. CIT VS. ANSAL HOUSING & CONSTRUCTION LTD. 274 IT R 131 (DEL). 3. CIT VS. SIEL LTD. 284 ITR 431 (DEL.) 4. K. SREEDHARAN & CO. VS. ACIT 222 ITR 751 (KER.) 2.1 AS PER THE GROUNDS OF APPEAL, THE ASSESSEE HAS CHALLENGED THE EXCLUSION OF DEPB INCOME FOR THE PURPOSE OF COMPUTA TION OF DEDUCTION U/S.80-IA OF IT ACT. THE ASSESSEE HAS NOW PLACED BE FORE US AN ORDER OF ITAT A BENCH AHMEDABAD, DATED 27.04.2012, VIZ., A CIT V/S. M/S. ABM STEEL LTD. IN M.A. NO.163/AHD/2010 IN ITA NO.27 03/AHD/2004 (A.Y. 2001-02), WHEREIN THE MA OF THE REVENUE WAS P ARTLY ALLOWED BUT THE DECISION OF THE TOPMAN EXPORT, 342 ITR 49 (SC) WAS FOLLOWED. IT HAS ALSO BEEN HELD THAT IN THE CASE OF SAURASHTRA KUTCH STOCK EXCHANGE, 305 ITR 227 (SC) , IT IS HELD THAT IF AN ORDER OF A TRIBUNAL IS NOT IN LINE WITH THE JUDGMENT OF THE APEX COURT, AL THOUGH RENDERED SUBSEQUENTLY, THE TRIBUNAL HAS COMMITTED AN ERROR. THERE IS AN ANOTHER DECISION OF ITAT B BENCH PRONOUNCED IN THE CASE O F M/S. MEGHMANI ORGANICS LTD. BEARING M.A. NO.23 & 26/AHD/2010 IN ITA NO.249/AHD/2005 & 1347/AHD/2004 DATED 30.03.2012, W HEREIN THE MISC. PETITION OF THE REVENUE WAS ALLOWED WHEREIN T HE VIEW WAS RENDERED THAT IF BY ALLOWING A MISC. PETITION, THE TRIBUNAL BRINGS ABOUT THE RESULT WHICH WOULD BE IN ACCORDANCE WITH VERDIC T RENDERED BY THE HONBLE SUPREME COURT THEN SUCH AN EXERCISE OF RECT IFICATION IS PERMISSIBLE U/S. 254(2) OF IT ACT. IN VIEW THESE DE CISIONS, WE HEREBY RECALL THE ORDER OF THE TRIBUNAL DATED 31 ST OF MARCH, 2010 SO THAT THE RECALL ISSUE RAISED BY THE ASSESSEE CAN BE PROPERLY ADJUDICATED AND DECIDED AS PER LAW. NEEDLESS TO SAY AFTER PROVIDING AN OPPORTUNITY OF HEARING TO BOTH THE SIDES. FOR THE PURPOSE OF HEARI NG OF THIS APPEAL, THE MA NO.90/AHD/2013 IN ITA NO.446/AHD/2007 M/S. ASIATIC INDUSTRIES V/S. ACIT AHMEDABAD 2003-04 - 3 - DATE IS NOW FIXED FOR 16 TH OF DECEMBER, 2013 TO BE COMMUNICATED TO BOTH THE SIDES SO THAT THE ISSUE WHICH IS ALMOST NOW SET TLED CAN BE DECIDED AT AN EARLY DATE. M.A. ALLOWED. SD/- SD/- (T.R. MEENA) (MUKUL KR. SHR AWAT) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 18/10/2013 PRABHAT KR. KESARWANI, SR.P.S. TRUE COPY COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. CONCERNED CIT 4. THE CIT(A)-III, AHMEDABAD 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER, (DY./ASSTT.REGISTRAR) ITAT, AHMEDABAD