The ACIT, Circe-1,, Ahmedabad v. Akshar Chem (India) Ltd, Ahmedabad

MA 219/AHD/2010 | 2004-2005
Pronouncement Date: 24-12-2010 | Result: Partly Allowed

Appeal Details

RSA Number 21920524 RSA 2010
Assessee PAN AABCA2805M
Bench Ahmedabad
Appeal Number MA 219/AHD/2010
Duration Of Justice 2 month(s) 16 day(s)
Appellant The ACIT, Circe-1,, Ahmedabad
Respondent Akshar Chem (India) Ltd, Ahmedabad
Appeal Type Miscellaneous Application
Pronouncement Date 24-12-2010
Appeal Filed By Department
Order Result Partly Allowed
Bench Allotted B
Tribunal Order Date 24-12-2010
Assessment Year 2004-2005
Appeal Filed On 08-10-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH B AHMEDABAD BEFORE SHRI G.D. AGRAWAL VICE-PRESIDENTD (AZ) AND SHRI MAHAVIR SINGH JUDICIAL MEMBER M.A.NO.219/AHD/2010 (ARISING OUT WITH ITA 901/AHD/2007 ASSESSMENT YEAR: 2004-05 DATE OF HEARING:26.1110 DRAFTED:29.11 10 ASSTT. COMMISSIONER OF INCOME-TAX CIRCLE-1 AHMEDABAD V/S . AKSHAR CHEM (INDIA) LTD. 30 AMBICA SOCIETY OPP. USMANPURA GARDEN ASHRA ROAD AHMEDABAD PAN NO.AABCA2805M (ORIGINAL RESPONDENT) (ORIGINA L APPELLANT) (APPELLANT) .. (RESPONDENT) APPELLANT BY :- SMT. SHAILAJA RAI SR-DR RESPONDENT BY:- SHRI SUNIL H TALATA AR O R D E R PER MAHAVIR SINGH JUDICIAL MEMBER:- BY WAY OF THIS MISCELLANEOUS APPLICATION (MA) THE REVENUE HAS REQUESTED FOR RECTIFICATION OF MISTAKE ARISING OUT IN THE ORDER OF TRIBUNAL IN ITA NO.907/AHD/2007 DATED 30-04-2010. 2. AFTER HEARING RIVAL CONTENTIONS WE FIND THAT RE VENUE HAS REQUESTED FOR RECTIFICATION OF THE TRIBUNALS ORDER WHEREIN FOLLO WING THE DECISION OF SPECIAL BENCH OF MUMBAI TRIBUNAL IN THE CASE OF TOPMAN EXPORTS V. ITO (2009) 318 ITR 87 (AT ) (MUM) THAT THE ORDER OF SPECIAL BENC H HAS BEEN REVERSED BY HONBLE BOMBAY HIGH COURT AND THEREFORE THERE IS MI STAKE APPARENT FROM THE RECORD IN THE ORDER OF THE TRIBUNAL. THE LD. COUNSE L FOR THE ASSESSEE DRAWN OUR ATTENTION TO THE FINDINGS OF THE TRIBUNAL WHIC H READS AS UNDER:- THE ABOVE DECISION OF THE SPECIAL BENCH OF MUMBA I TRIBUNAL WOULD BE SQUARELY APPLICABLE TO THE ISSUE UNDER APPEAL BE FORE US. WE MA NO.219/AHD/2010 (A/O ITA NO.901/AHD/07) ACIT CIR-1 ABD V. M/S. AKSHAR CHEM (I) LTD. P AGE 2 THEREFORE SET ASIDE THE ORDERS OF LOWER AUTHORITIE S ON THIS POINT AND RESTORE THE MATTER BACK TO THE FILE OF ASSESSING OF FICER. WE DIRECT HE ASSESSING OFFICER TO RE-COMPUTE DEDUCTION U/S.80HHC AFTER TAKING INTO ACCOUNT THE ABOVE DECISION OF THE SPECIAL BENCH OF MUMBAI TRIBUNAL AND AFTER THE PROVISION OF THE ACT. 3. FROM THE ABOVE DECISION WE FIND THAT WE HAVE AL READY SET ASIDE THIS ISSUE TO BE DECIDED AS PER THE PROVISIONS OF THE AC T AND AS PER THE DECISION OF MUMBAI TRIBUNAL BUT WE NOW CLARIFY THAT THE ASSESS ING OFFICER CAN DECIDE AS PER PREVAILING DECISIONS ON THE ABOVE ISSUE. HENCE WE AMEND THE ORDER TO THAT EXTENT. ACCORDINGLY MA OF THE REVENUE IS PART LY ALLOWED AS INDICATE ABOVE. 4. IN THE RESULT REVENUES APPEAL IS PARTLY ALLOWED. ORDER PRONOUNCED IN OPEN COURT ON 24/12 /2010 SD/- SD/- (G.D. AGARWAL) (MAHAVIR SINGH) (VICE PRESIDENT) (JUDICIAL MEMBER) AHMEDABAD DATED : 24/12/2010 *DKP COPY OF THE ORDER FORWARDED TO :- 1. THE ASSESSEE. 2. THE REVENUE. 3. THE CIT(APPEALS)-X AHMEDABAD 4. THE CIT CONCERNS. 5. THE DR ITAT AHMEDABAD 6. GUARD FILE. BY ORDER /TRUE COPY/ DEPUTY / ASSTT.REGISTRAR ITAT AHMEDABAD