ACIT Cir.-1,, Aurangabad v. Desh Videsh Hotels Construction & Marketing P.Ltd.,, Aurangabad

MA 106/PUN/2009 | misc
Pronouncement Date: 31-01-2011 | Result: Allowed

Appeal Details

RSA Number 10624524 RSA 2009
Assessee PAN CEACT2002W
Bench Pune
Appeal Number MA 106/PUN/2009
Duration Of Justice 1 year(s) 10 month(s) 22 day(s)
Appellant ACIT Cir.-1,, Aurangabad
Respondent Desh Videsh Hotels Construction & Marketing P.Ltd.,, Aurangabad
Appeal Type Miscellaneous Application
Pronouncement Date 31-01-2011
Appeal Filed By Department
Order Result Allowed
Bench Allotted A
Tribunal Order Date 31-01-2011
Assessment Year misc
Appeal Filed On 09-03-2009
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH PUNE BEFORE SHRI I.C. SUDHIR AND SHRI D. KARUNAKARA RAO MA NO. 106/PN/09 (ARISING OUT OF ITA NO.270 TO 272/ PN/06) A.Y 2000-01 TO 2002-03 ACIT CIRCLE -1 AURANGABAD .... APPELLANT VS. DESH VIDESH HOTELS CONSTRUCTION & MARKETING PVT. LTD. AURANGABAD . RESPONDENT APPELLANT BY : SHRI ABHAY DAMLE RESPONDENT BY : NONE ORDER PER D. KARUNAKARA RAO AM THIS IS THE MISCELLANEOUS APPLICATION BY THE REVENUE ARISING OUT OF THE TRIBUNAL ORDER BEARING ITA NO. 270 TO 272/PN/06 FOR THE A.Y 2000-01 TO 2002-03 AND ORDER DATED 30 TH AUGUST 2007. RELEVANT PRAYER OF THE REVENUE IS AS U NDER:- THE HONBLE ITAT PUNE BENCH A PUNE HAS DISMISS ED THE APPEAL FILED BY THE DEPARTMENT IN THE CASE OF DESH VIDESH H OTELS CONSTRUCTIONS & MARKETING PVT. LTD. AURANGABAD FOR A.Y 2000-01 2002- 03 VIDE ORDER BEARING NO. ITA NO. 270 271 & 272/PN/06 DATED 30/08 /2007. THE APPEAL WAS DISMISSED RELYING ON THE DECISION OF HONBLE SUP REME COURT IN THE CASE OF VIRTUAL SOFT SYSTEMS LTD. VS. CIT (2007) 289 ITR (SC). IT IS MENTIONED IN PARA 4 OF THE ITATS DECISION AS UNDER:- WE FIND THAT THE ISSUES INVOLVED IN THESE APPEALS IS COVERED BY THE JUDGEMENT OF THE SUPREME COURT IN THE CASE OF V IRTUAL SOFT SYSTEM LTD. VS. CIT(2007) 289 ITR 83 (SC). THE COUR T HELD AS UNDER (HEADNOTES) --------------------- THE FACTS OF THE CASE IN THE PRESENT APPEAL RE IDEN TICAL AND THEREFORE WE RESPECTFULLY FOLLOW THE PRECEDENT AND UPHELD THE ORDER OF THE CIT(A). IN RESULT ALL THE THREE APPEALS FILE D BY THE DEPARTMENT ARE DISMISSED (COPY OF ORDER ENCLOSED). NOW THE LARGER BENCH OF APEX COURT DIN THE CASE OF GOLD COIN HEALTH FOOD PVT. LTD. (2007-TIOL -18-SC-IT) HAS OVERRULED THE DECISION IN CASE OF VIRTUAL SOFT SYSTEMS AND HAS HELD THAT TH E AMENDMENT MADE BY FINANCE ACT 2002 W.E.F. 01/04/2003 EXPLANATION 4 TO SECTION 271(1)(C) OF I.T. ACT 1961 IS WITH RETROSPECTIVE EFFECT. MA NO. 106/PN/09 ARISING OUT OF ITA NO. 270 TO 272/PN/ 06 PAGE 2 OF2 THUS IT IS REQUESTED THAT THE DECISION GIVEN MAY B E RE-VIEWED IN VIEW OF THE ABOVE DECISION AND FRESH DECISION MAY PL EASE BE GIVEN. 2. THERE IS NONE FOR THE ASSESSEE. CONSIDERING THE NAT URE OF THE ORDER PASSED BY THE TRIBUNAL RELYING ON THE SUPREME COURT JUD GEMENT IN THE CASE OF VIRTUAL SOFT SYSTEMS LTD. THE RATIO OF WHICH IS RE-WRI TTEN BY THE SAME COURT IN THE CASE OF GOLD COIN HEALTH FOOD PVT. LTD (SUPRA) WE FIND THE SAME CONSTITUTE A MISTAKE APPARENT FROM THE RECORD. THERE ARE A LARGE OF DECISION TO SUPPORT THE PROPOSITION THAT THE FAILURE TO FOLLOW THE APEX COURT S DECISION BOTH PROSPECTIVELY AND RETROSPECTIVELY CONSTITUTES A MISTAKE. 3. THEREFORE WE ARE OF THE OPINION THAT THE IMPUGNED ORDER HAS TO BE RECALLED AS REQUESTED BY THE REVENUE FOR GIVING EFFECT TO THE SUBSEQUENT ORDER OF THE JUDGEMENT OF THE SUPREME COURT. ACCORDINGLY IT IS RECALLED AND REPOSTED. REGISTRY IS DIRECTED TO POST THE CASE IN NORMAL COURSE . 4. IN THE RESULT THE MA OF THE REVENUE IS ALLOWED . ORDER PRONOUNCED ON 31 ST JANUARY 2011. SD/- SD/- (I. C. SUDHIR) (D.KARUNAKARA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBE R PUNE DATED THE 31 ST JANUARY 2011 R COPY OF THE ORDER IS FORWARDED TO : 1. ACIT CIR-1 AURANGABAD 2. ASSESSEE 3. CIT(A)-I AURANGABAD 4. CIT AURANGABAD 5. D.R. ITAT PUNE BENCH PUNE BY ORDER ASSISTANT REGISTRAR I.T.A.T PUNE