Torrent Power Grid Ltd.,, Ahmedabad v. The DCIT, Circle-4(1)(2),, Ahmedabad

MA 261/AHD/2018 | 2011-2012
Pronouncement Date: 26-11-2019 | Result: Allowed

Appeal Details

RSA Number 26120524 RSA 2018
Assessee PAN AACCT2930P
Bench Ahmedabad
Appeal Number MA 261/AHD/2018
Duration Of Justice 1 year(s) 1 month(s) 25 day(s)
Appellant Torrent Power Grid Ltd.,, Ahmedabad
Respondent The DCIT, Circle-4(1)(2),, Ahmedabad
Appeal Type Miscellaneous Application
Pronouncement Date 26-11-2019
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted B
Tribunal Order Date 26-11-2019
Assessment Year 2011-2012
Appeal Filed On 01-10-2018
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH AHMEDABAD BEFORE SHRI MAHAVIR PRASAD JUDICIAL MEMBER AND SHRI WASEEM AHMED ACCOUNTANT MEMBER M.A NO . 26 1 /AHD/2018 IN ./ C.O. NO .61 / AHD / 2015 (ITA NO.524/AHD/2015) / ASSTT. YEAR: 2011 - 2012 TORRENT POWER GRID LTD. TORRENT HOUSE OFF ASHRAM ROAD AHMEDABAD. PAN : AACCT2930P VS D.C.I.T CIRCLE - 4(1)(2) AHMEDABAD. (APPLICANT) ( RESPON D ENT ) ASSESSEE BY : SHRI BIREN SHAH A .R REVENUE BY : SHRI N.K. GOEL SR. D .R / DATE OF HEARING : 04 / 10 /201 9 / DATE OF PRONOUNCEMENT: 26 / 11 /201 9 / O R D E R PER WASEE M AH MED ACCOUNTANT MEMBER : BY THIS MISCELLANEOUS APPLICATION THE ASSESSEE HAS REQUESTED FOR RECALLING OF THE ORDER OF THE ITAT DATED 12 - 07 - 2018 AS THE JUDGMENT CITED AT THE TIME OF HEARING WERE NOT CONSIDERED BY IT . ACCORDINGLY THERE IS A MISTAKE APPARENT FROM RECORD IN THE ORDER OF THE ITAT. M.A NO .261 /AHD/2018 IN CO.61 /AHD/2015 A.Y .2011 -- 12 2 2. THE LEARNED COUNSEL APPEARING FOR THE ASSESSEE BEFORE US SUBMITTED THAT THERE WERE NUMBER OF DECISION OF THE HON BLE ITAT AHMEDABAD WHICH WERE RELIED AND CITED ON BEHALF OF THE ASSESSEE WHILE ARGUING THE GROUND RAISED IN THE C.O. HOWEVER THE SAME OF WAS NOT CONSIDERED BY THE LEARNED TRIBUNAL WHILE AD JUDICATING THE ISSUE . 3. ON THE OTHER HAND THE LD. DR RELIED UPON THE ORDER OF THE LD. TRIBUN AL. 4. WE HAVE HEARD THE RIVAL CONTENTIONS OF BOTH THE PARTIES AND PERUSED THE MATERIALS AVAILABLE ON RECORD. THE HON BLE JURISDICTIONAL HIGH COURT IN THE CAS E OF ACIT VS. SAURASHTRA KUTCH STOCK EXCHANGE LD. 262 ITR 146 WHICH HAS BEEN UPHELD BY THE HON BLE SUPREME COURT REPORTED IN 305 ITR 227 HAS HELD AS UNDER: (F) NON - CONSIDERATION OF A JUDGMENT OF THE JURISDICTIONAL HIGH COURT WOULD ALWAYS CONSTITUTE A M ISTAKE APPARENT FROM THE RECORD REGARDLESS OF THE JUDGMENT BEING RENDERED PRIOR TO OR SUBSEQUENT TO THE ORDER PROPOSED TO BE RECTIFIED; ' 4.1 WE FURTHER NOTE THAT THE HON BLE APEX COURT IN THE CASE OF HONDA SIEL POWER PRODUCTS LTD. V. CIT REPORTED IN 165 TAXMAN 307 HAS HELD THAT NON - CONSIDERATION OF THE ORDER OF THE COORDINATE BENCH WILL AMOUNT TO A MISTAKE APPARENT FROM RECORD. IN VIEW OF THE ABOVE WE NOTE THAT THE ORDER OF THE ITAT SUFFERS FROM THE APPARENT MISTAKE SO FAR IT HAS NOT DEALT WITH THE JUDGMENTS/ ORDER CITED BY THE ASSESSEE AT THE TIME OF HEARING. THERE IS NO AMBIGUITY TO THE FACT THAT THE LD. AR FOR THE ASSESSEE CITED VARIOUS JUDGMENTS/ ORDER AT THE TIME OF HEARING AS MENTIONED IN THE M.A NO .261 /AHD/2018 IN CO.61 /AHD/2015 A.Y .2011 -- 12 3 MISCELLANEOUS APPLICATION OF THE ASSESSEE. ACCORDING LY WE ARE INCLINED TO RE CALL THE CO FOR FRESH ADJUDICATION OF THE GROUNDS RAISED BY IT AS PER THE PROVISION OF LAW. ACCORDINGLY THE REGISTRY IS DIRECTED TO RESTORE THE CO TO ITS ORIGINAL NUMBER AND FIX THE SAME FOR FRESH HEARING UNDER THE INTIMATION TO BO TH THE PARTIES. HENCE THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS ALLOWED. 5. IN THE RESULT THE MISCELLANEOUS APPLICATION OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE COURT ON 26 / 11 / 201 9 AT AHMEDABAD. - SD - ( MAHAVIR PRASAD ) JUDICIAL MEMBER - SD - ( WASEEM AHMED ) ACCOUNTANT MEMBER (TRUE COPY) AHMEDABAD; DATED 26 / 11 / 201 9 MANISH