M/s. Garden Silk Mills, Surat V. The ACIT., Cent.Circle-1(1), Surat

MA 93/AHD/2013

• Counselvise Citation: [2014] 124 COUNSELVISE.COM (IT) 1339 (ITAT-AHMEDABAD)
• Duration Of Justice: 9 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 20-01-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2005-2006
• Appeal Filed On: 19-04-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P L KUREEL
• Assessee Lawyers: J P SHAH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD D BENCH BEFORE: SRI D.K TYAGI, JUDICIAL MEMBER AND SHRI T.R.MEENA, ACCOUNTANT MEMB ER GARDEN SILK MILLS LIMITED GARDEN MILLS COMPLEX SAHARA GATE, SURAT-395010 (APPELLANT) VS ACIT RANGE-1, AAYAKAR BHAVAN, MAJURA GATE, SURAT (RESPONDENT) REVENUE BY: SRI P.L. KUREEL, SR.D.R. ASSESSEE BY: SRI J.P. SHAH, A.R. DATE OF HEARING : 20-12-2013 DATE OF PRONOUNCEMENT : 20-01-20 14 / ORDER PER : T.R.MEENA, ACCOUNTANT MEMBER:- THE ASSESSEE HAS FILED PRESENT MISCELLANEOUS APPLI CATION IN ITA NO. 720/AHD/2009 SUBMITTING CERTAIN FACTS WHICH WERE PL ACED ON RECORD HAVE BEEN OVERLOOKED BY THE HONBLE TRIBUNAL BY PASSING THE ORDER DATED 15 TH FEBRUARY, 2013. MA NO. 93/AHD/2013 (ARISING OUT OF ITA NO. 720/AHD/2009) ASSESSMENT YEAR 2005-06 M.A. NO. 93/AHD/2013(IN ITA NO. 720/AHD/2009) A.Y . 2005-06 PAGE NO GARDEN SILK MILLS LTD VS. ACIT 2 2. LEARNED COUNSEL OF THE ASSESSEE SUBMITTED THAT D URING THE COURSE HEARING OF ITA NO. 720/AHD/2009, ATTENTION OF HON BLE TRIBUNAL WAS DRAWN ON PARA 5.3.1 ON PAGE 61 TO PARA 5.3.3 ENDING ON PA GE 72 OF THE ORDER OF THE LD. CIT(A). HE SUBMITTED THAT THE FACTS SUBMITTED IN THE PAPER BOOK WERE OVERLOOKED BY THE HONBLE TRIBUNAL WHICH AMOUNTS TO MISTAKE APPARENT FROM THE RECORD. ON THE CONTRARY LD. SR. DR SRI P.L. KUREEL, RELIED ON THE ORDER OF HONBLE TRIBUNAL AND SUBMITTED THAT TH E ASSESSEE HAS NOT POINTED OUT ANY SPECIFIC DEFECT. 3. WE HAVE HEARD RIVAL CONTENTIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. AFTER HEARING BOTH THE PARTIE S, WE FIND THAT CERTAIN FACTS WERE OVERLOOKED BY PASSING THE ORDER DATED 15 TH FEBRUARY, 2013. THEREFORE, WE HEREBY RECALL OUR OR DER DATED 15 TH FEBRUARY, 2013. REGISTRY IS DIRECTED TO FIX HEARIN G AFRESH IN DUE COURSE 4. IN THE RESULT, MA FILED BY THE ASSESSEE IS ALLOW ED. ORDER PRONOUNCED IN OPEN COURT ON THE DATE MENTIONE D HEREINABOVE AT CAPTION PAGE SD/- SD/- (D.K. TYAGI) (T.R.MEENA) JUDICIAL MEMBER ACCOUN TANT MEMBER AHMEDABAD : DATED 20/01/2014 AK M.A. NO. 93/AHD/2013(IN ITA NO. 720/AHD/2009) A.Y . 2005-06 PAGE NO GARDEN SILK MILLS LTD VS. ACIT 3 / COPY OF ORDER FORWARDED TO:- 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,