Lincoln Pharmaceuticals Ltd.,, Ahmedabad v. The ACIT, (OSD)-!, Range-4,, Ahmedabad

MA 218/AHD/2013 | 2005-2006
Pronouncement Date: 11-04-2014 | Result: Dismissed

Appeal Details

RSA Number 21820524 RSA 2013
Assessee PAN AAACL2711N
Bench Ahmedabad
Appeal Number MA 218/AHD/2013
Duration Of Justice 3 month(s) 26 day(s)
Appellant Lincoln Pharmaceuticals Ltd.,, Ahmedabad
Respondent The ACIT, (OSD)-!, Range-4,, Ahmedabad
Appeal Type Miscellaneous Application
Pronouncement Date 11-04-2014
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted C
Tribunal Order Date 11-04-2014
Date Of Final Hearing 04-04-2014
Next Hearing Date 04-04-2014
Assessment Year 2005-2006
Appeal Filed On 16-12-2013
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH AHMEDABAD BEFORE SHRI MUKUL KR. SHRAWAT JUDICIAL MEMBER AND SHRI N.S. SAINI ACCOUNTANT MEMBER M.A. NO.218/AHD/2013 (ARISING OUT OF ITA NO.2691/AHD/2010) A.YS. 2005-06 LINCOLN PHARMACEUTICALS LTD. NIRAV COMPLEX 2 ND FLOOR NR. NAVRANG SCHOOL NARANPURA AHMEDABAD. PAN: AAACL 2711N VS THE ACIT (OSD)-I RANGE-4 AHMEDABAD. (APPELLANT) (RESPONDENT) REVENUE BY : SHRI P.L. KUREEL SR.D.R. ASSESSEE(S) BY : SHRI A.C. SHAH A.R. / DATE OF HEARING : 04/04/2014 / DATE OF PRONOUNCEMENT: 11/04/2014 / O R D E R PER SHRI MUKUL KUMAR SHRAWAT JUDICIAL MEMBER THROUGH THIS MISC. APPLICATION FILED ON 16.12.2013 THE GRIEVANCE OF THE APPLICANT READS AS FOLLOWS: 1. WE ARE IN RECEIPT OF THE CONSOLIDATED APPELLATE ORDER FOR A.Y. 2004-05 ITA NO.2690/AHD/2010 AND FOR A.Y. 2005-06 ITA NO.2691/A HD/2010 DATED 10.10.2013 ON 05.12.2013. THERE ARE CERTAIN APPARENT MISTAKES IN THE SAID ORDER. 2. SINCE THE FACTS ARE IDENTICAL THE CONSOLIDATED O RDER FOR A.Y.2004-05 AND A.Y.2005- 06 IS PASSED. HOWEVER NO GROUNDS OF APPEAL ARE MEN TIONED IN THE ORDER FOR A.Y.2005-06 AND THE DECISION ON SUCH IS NOT GIVEN I N THE ORDER ON LINES OF A.Y.2004- 05. 3. THIS BEING APPARENT MISTAKE ON RECORD YOUR HONO URS ARE PRAYED TO MODIFY THE ORDER BY MENTIONING THE GROUNDS OF APPEAL FOR A.Y. 2005-06 IN THE ORDER AND GIVEN DECISION IN THE ORDER ON THE LINES OF A.Y.2004-05. 2. AFTER HEARING BOTH THE SIDES WE ARE OF THE CONS CIENTIOUS VIEW THAT THIS APPLICATION HAS NO FORCE. THE VERDICT OF THE R ESPECTED CO-ORDINATE BENCH WAS UNAMBIGUOUS. IN THE NOMENCLATURE IT WAS EXPLICITLY MA NO.218/AHD/2013 IN ITA NO.2691 /AHD/2010 LINCOLN PHARMACEUTICALS LTD. VS. ACIT(OSD)-I RANGE- 4 AHMEDABAD. A.YS. 2005-06 - 2 - MENTIONED THAT THERE WERE TWO APPEALS OF THE REVENU E DEPARTMENT FOR A.Y.2004-05 AND A.Y.2005-06. IT WAS MENTIONED THAT THE LEARNED CIT(A) HAD PASSED THE ORDERS AND BOTH WERE DATED 9 TH OF JULY 2010. THE TRIBUNAL HAS FURTHER MENTIONED IN THE ORDER THAT FO R BOTH THE YEARS THE REVENUE DEPARTMENT HAD RAISED IDENTICALLY WORDED GR OUNDS. THEREFORE THE GROUNDS REPRODUCED WERE FROM ONE OF THE ASSESSM ENT YEAR TO KEEP BREVITY IN MIND. THE ISSUE WAS ONLY IN RESPECT OF D ELETION OF PENALTY LEVIED U/S.271(1)(C). FINALLY AFTER HEARING BOTH T HE SIDES IT WAS AGAIN EXPLICITLY/CLEARLY PRONOUNCED THAT THE APPEALS OF T HE REVENUE WERE DISMISSED. WHEN ON NUMBER OF OCCASIONS THERE WERE R EFERENCE OF BOTH THE APPEALS; THEREFORE THE APPREHENSION AS RAISED BY THE APPLICANT IS ILL FOUNDED. THERE WERE NO MISTAKE ON THE PART OF THE T RIBUNAL; HENCE WE HEREBY REJECT THIS MISC. APPLICATION. 3. IN THE RESULT THE PRESENT M.A. IS REJECTED. SD/- SD/- (T.R. MEENA) (MUKUL KR. SHRAWAT) ACCOUNTANT MEMBER JUD ICIAL MEMBER AHMEDABAD; DATED 11/04/2014 PRABHAT KR. KESARWANI SR. P.S. / 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