The DCIT, Circle-5,, Ahmedabad v. Ravi Raj Foils Ltd.,, Ahmedabad

MA 16/AHD/2010 | 2004-2005
Pronouncement Date: 30-07-2010 | Result: Dismissed

Appeal Details

RSA Number 1620524 RSA 2010
Bench Ahmedabad
Appeal Number MA 16/AHD/2010
Duration Of Justice 5 month(s) 21 day(s)
Appellant The DCIT, Circle-5,, Ahmedabad
Respondent Ravi Raj Foils Ltd.,, Ahmedabad
Appeal Type Miscellaneous Application
Pronouncement Date 30-07-2010
Appeal Filed By Department
Order Result Dismissed
Bench Allotted A
Tribunal Order Date 30-07-2010
Assessment Year 2004-2005
Appeal Filed On 08-02-2010
Judgment Text
- 1 - IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH A AHMEDABAD BEFORE S/SHRI T.K. SHARMA JM AND D.C.AGRAWAL AM DY. CIT CIR.5 AHMEDABAD. VS. RAVI RAJ FOILS LTD. 702 SAFFRON BLDG. 7 TH FLOOR PANCHVATI AHMEDABAD. (APPELLANT) .. (RESPONDENT) REVENUE BY :- SHRI K. M. MAHESH DR ASSESSEE BY:- SHRI P. M. MEHTA AR O R D E R PER D. C. AGRAWAL ACCOUNTANT MEMBER . THIS MISCELLANEOUS APPLICATION HAS BEEN FILED BY T HE REVENUE AGAINST THE ORDER OF THE TRIBUNAL IN ITA NO.3655/AH D/2007 ALONG WITH C.O. NO.356/AHD/2007 PRONOUNCED ON 11.11.2009 WHERE IN THE TRIBUNAL HAD DISMISSED THE APPEAL OF REVENUE FOLLOWING THE D ECISION OF HON.DELHI HIGH COURT IN THE CASE OF CIT VS. MANGLAM RICINUS L TD. (2008) 174 TAXMAN 186 (DEL) BECAUSE THE RETURNED INCOME OF TH E ASSESSEE WAS OF LOSS AND ALSO THE ASSESSED INCOME WAS OF LOSS. THUS THERE WAS NO REVENUE EFFECT AND THE TRIBUNAL HELD THAT REVENUE NEED NOT HAVE FILED THE APPEAL BECAUSE OF LOW REVENUE EFFECT. HOWEVER IN THE MISC . APPLICATION REVENUE SUBMITTED THAT AMOUNT OF ADDITION INVOLVED IN THE CASE OF ASSESSEE IS RS.33 54 944/- AS RETURNED LOSS WAS RS. 3 63 73 594 AND ASSESSED LOSS WAS RS.3 12 18 639/- AND THUS TAX EFF ECT INVOLVED IS M.A. NO.16/AHD/2010 ARISING OUT ITA NO.3655/AHD/2007 ALONG WITH C.O. NO.356/AHD/2007 ASST. YEAR :2004-05 2 RS.12 03 586/- WHICH IS IN FACT A NOTIONAL TAX EFFE CT. ACCORDINGLY AS PER LD. DR THE TRIBUNAL SHOULD NOT HAVE DISMISSED THE A PPEAL OF REVENUE IN LIMINE. 2. ON THE OTHER HAND THE LD. AR SUBMITTED THAT CBD T VIDE INSTRUCTION NO.5/2008 DATED 15.5.2008 HAS ONLY DIRE CTED THE REVENUE TO FILE THE APPEAL ON THE BASIS OF NOTIONAL TAX EFFECT WHEREAS THE PRESENT APPEAL WAS FILED BY THE REVENUE ON 7.9.2007 THEREF ORE THE SAID INSTRUCTION OF THE CBDT WOULD NOT BE APPLICABLE. 3. ACCEPTING THE ARGUMENT OF LD. AR WE HOLD THERE IS NO CASE FOR RECALLING THE ORDER OF THE TRIBUNAL AND ACCORDINGLY THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE IS REJECTED. 4. IN THE RESULT THE MISCELLANEOUS APPLICATION FIL ED BY THE REVENUE IS REJECTED. ORDER WAS PRONOUNCED IN OPEN COURT ON 30/7/2010 SD/- SD/- (T.K. SHARMA) (D.C.AGRAWAL) JUDICIAL MEMBER ACCOUNTANT MEMBE R AHMEDABAD DATED : 20/7/2010 MAHATA/- COPY OF THE ORDER FORWARDED TO :- 1. THE ASSESSEE. 2. THE REVENUE. 3. THE CIT(APPEALS)- 4. THE CIT CONCERNS. 5. THE DR ITAT AHMEDABAD 6. GUARD FILE. BY ORDER DEPUTY / ASSTT.REGISTRAR ITAT AHMEDABAD