Mayur Dyechem Intermediates Ltd.,, Ahmedabad v. The ACIT., Circle-4,, Ahmedabad

MA 73/AHD/2010 | 1996-1997
Pronouncement Date: 27-08-2010 | Result: Allowed

Appeal Details

RSA Number 7320524 RSA 2010
Assessee PAN AABCM9608M
Bench Ahmedabad
Appeal Number MA 73/AHD/2010
Duration Of Justice 4 month(s) 27 day(s)
Appellant Mayur Dyechem Intermediates Ltd.,, Ahmedabad
Respondent The ACIT., Circle-4,, Ahmedabad
Appeal Type Miscellaneous Application
Pronouncement Date 27-08-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted C
Tribunal Order Date 27-08-2010
Assessment Year 1996-1997
Appeal Filed On 31-03-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH C AHMEDABAD BEFORE SHRI MAHAVIR SINGH JUDICIAL MEMBER AND SHRI A.N. PAHUJA ACCOUNTANT MEMBER M.A.NO.73/AHD/2010 (ARISING OUT WITH ITA NO.847/AHD/2005 ASSESSMENT YEAR:1996-97 DATE OF HEARING:27.8.10 DRAFTED::27.8 .10 M/S. MAYUR DEYCHEM INTERMEDIATES LTD. 1/106 GIDC PHASE-II VATVA AHMEDABAD PAN NO.AABCM9608M V/S . ASSTT COMMISSIONER OF INCOME-TAX CIRCLE-4 AHMEDABAD (ORIGINAL RESPONDENT) (ORIGINA L APPELLANT) (APPELLANT) .. (RESPONDENT) APPELLANT BY :- SHRI TUSHAR P HEMANI AR RESPONDENT BY:- SHRI K.M.MAHESH SR-DR O R D E R PER MAHAVIR SINGH JUDICIAL MEMBER:- BY WAY OF THIS MISCELLANEOUS APPLICATION (MA) THE ASSESSEE HAS REQUESTED FOR RECTIFYING THE TRIBUNALS ORDER PASSED IN ITA NO.847/AHD/2005 DATED 07-08-2009. 2. THE ONLY ISSUE RAISED BY ASSESSEE IN ITS MA THAT THE TRIBUNAL WHILE ADJUDICATING THE APPEAL OF THE REVENUE HAS NOTED O N PAGE-3 PARA-6 OF THE IMPUGNED ORDER AS UNDER:- WE FIND THAT THE PLEA OF BOTH THE PARTIES IS REASO NABLE IN PRINCIPLE IF THE ASSESSEE HAS OFFERED AS INCOME IN EARLIER YEARS I. E. ACCOUNTING YEAR 1992-93 TO 1994-95 THE ASSESSEE IS ENTITLED FOR DEDUCTION IN THOSE YEARS. IN CASE THE INCOME IS NOT OFFERED IN THOSE YEARS THE ASSESSEE IS NOT ENTITLED FOR DEDUCTION. IN VIEW OF THIS DIRECTION ASSESSING OFF ICER IS DIRECTED TO VERIFY THE CLAIM AND ALLOW IN TERMS OF THE ABOVE DIRECTION. MA NO.73/AHD/2010 (A/O ITA NO.847/AHD/2005) A.Y.96-97 M/S. MAYUR DYECHEM INTERMEDIATES LTD. V. ACIT CIR -4 ABD PAGE 2 ACCORDINGLY ASSESSEE STATED THAT IN THE ORDER OF T HE TRIBUNAL THERE IS AN ERROR APPARENT ON THE RECORD INASMUCH AS THE CONTROVERSY BEFORE THE TRIBUNAL WAS IN RESPECT OF ALLOWANCE OF EXCISE EXPENSES ON THE BASI S OF PAYMENT MADE FOR THE YEAR UNDER CONSIDERATION. IN FACT IN PARA-5 OF THE IMPUG NED ORDER THE ENTIRE DISCUSSION IS IN RESPECT OF ALLOWANCE OF EXCISE DUTY FOR THE YEAR UNDER CONSIDERATION PROVIDED THE ASSESSEE HAS OFFERED THE SAME AS INCOME IN EARLIER YEARS. HOWEVER WHILE GIVING THE FINAL DIRECTIONS THE TRIBUNAL HAS INADVERTENTLY ST ATED THAT THE ASSESSEE IS ENTITLED FOR DEDUCTION IN THESE YEARS INSTEAD OF GIVING DIRECTIO NS FOR ALLOWANCE OF DEDUCTION FOR THE YEAR UNDER CONSIDERATION. WE FIND THAT THE PLEA WITH THE ASSESSEE IS REASONABLE AND THERE IS MISTAKE APPARENT FROM THE RECORD IN TH E ORDER OF TRIBUNAL. HERE IN THIS CASE THE ASSESSEES CLAIM IS FOR CURRENT YEAR I.E . 1996-97 AND THE SAME MAY BE NOTED. ACCORDINGLY THE WORDS IN THAT PARA IN THO SE YEARS BE READ AS IN THE YEAR UNDER CONSIDERATION .ACCORDINGLY THIS MA OF ASSESSEE IS ALLOWED. 3. IN THE RESULT ASSESSEE MA IS ALLOWED. ORDER PRONOUNCED IN OPEN COURT ON 27/08 /2010 SD/- SD/- (A.N. PHAUJA) (MAH AVIR SINGH) (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) AHMEDABAD DATED : 27/08/2010 *DKP COPY OF THE ORDER FORWARDED TO :- 1. THE ASSESSEE. 2. THE REVENUE. 3. THE CIT(APPEALS)-VIII AHMEDABAD 4. THE CIT CONCERNS. 5. THE DR ITAT AHMEDABAD 6. GUARD FILE. BY ORDER /TRUE COPY/ DEPUTY / ASSTT.REGISTRAR ITAT AHMEDABAD