Asiatic Industries,, Ahmedabad v. The ACIT., Circle-3,, Ahmedabad

MA 90/AHD/2013 | 2003-2004
Pronouncement Date: 18-10-2013 | Result: Allowed

Appeal Details

RSA Number 9020524 RSA 2013
Assessee PAN AACFA8887F
Bench Ahmedabad
Appeal Number MA 90/AHD/2013
Duration Of Justice 6 month(s) 6 day(s)
Appellant Asiatic Industries,, Ahmedabad
Respondent The ACIT., Circle-3,, Ahmedabad
Appeal Type Miscellaneous Application
Pronouncement Date 18-10-2013
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted A
Tribunal Order Date 18-10-2013
Date Of Final Hearing 04-10-2013
Next Hearing Date 04-10-2013
Assessment Year 2003-2004
Appeal Filed On 11-04-2013
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH AHMEDABAD BEFORE SHRI MUKUL KR. SHRAWAT JUDICIAL MEMBER AND SHRI T. R. MEENA ACCOUNTANT MEMBER MA NO.90/AHD/2013 (IN ITA NO.446/AHD/2007) A.Y. 2003-04 M/S. ASIATIC INDUSTRIES 1503 GIDC NARODA AHMEDABAD PAN: AACFA 8887F VS THE ACIT CIRCLE-3 5 TH FLOOR INSURANCE BUILDING ASHRAM ROAD AHMEDABAD (APPELLANT) (RESPONDENT) REVENUE BY : SHRI P.L. KUREEL SR.D.R. ASSESSEE(S) BY : SHRI ANKIT TALSANIA A.R. DATE OF HEARING : 04/10/ 2013 DATE OF PRONOUNCEMENT : 18/10/2013 O R D E R PER SHRI MUKUL KR. SHRAWAT JUDICIAL MEMBER : THROUGH THIS MISC. PETITION FILED ON 11.04 .2013 ARISING FROM AN ORDER OF THE TRIBUNAL AS MENTIONED IN THE NOMENCLATURE DA TED 31.03.2010 IT IS CONTESTED THAT THE EX-PARTE ORDER MUST BE RECALLED AND THE ASSESSEE MUST BE GRANTED AN OPPORTUNITY TO REPRESENT THE CASE. AD MITTED FACTUAL POSITION IS THAT ON THE DATE OF HEARING NO ONE HAS APPEARED FROM THE SIDE OF THE ASSESSEE. 2. THE RESPECTED BENCH HAS FOLLOWED A DECISION OF PANDIAN CHEMICALS 262 ITR 278 (SC) . IN THE LIGHT OF THIS BACKGROUND THE ASSESSEE FURNISHED BEFORE US A SMALL NOTE AS UNDER: IF ASSESSEES APPEAL IS DISPOSED OF BY TRIBUNAL IN ABSENCE OF ASSESSEE ON MERITS AND IF ASSESSEE SATISFIED TRIBUNAL THAT THER E WAS SUFFICIENT CAUSE OF HIS NON-APPEARANCE WHEN APPEAL WAS CALLED FOR HEARING. TRIBUNAL MAY SET ASIDE MA NO.90/AHD/2013 IN ITA NO.446/AHD/2007 M/S. ASIATIC INDUSTRIES V/S. ACIT AHMEDABAD 2003-04 - 2 - EX PARTE ORDER AND RESTORE APPEAL FOR DISPOSAL IN A CCORDANCE WITH LAW. RELIANCE IS PLACED ON: 1. PROVISO TO RULE 24 OF THE INCOME TAX APPELLATE T RIBUNALS 1963 2. CIT VS. ANSAL HOUSING & CONSTRUCTION LTD. 274 IT R 131 (DEL). 3. CIT VS. SIEL LTD. 284 ITR 431 (DEL.) 4. K. SREEDHARAN & CO. VS. ACIT 222 ITR 751 (KER.) 2.1 AS PER THE GROUNDS OF APPEAL THE ASSESSEE HAS CHALLENGED THE EXCLUSION OF DEPB INCOME FOR THE PURPOSE OF COMPUTA TION OF DEDUCTION U/S.80-IA OF IT ACT. THE ASSESSEE HAS NOW PLACED BE FORE US AN ORDER OF ITAT A BENCH AHMEDABAD DATED 27.04.2012 VIZ. A CIT V/S. M/S. ABM STEEL LTD. IN M.A. NO.163/AHD/2010 IN ITA NO.27 03/AHD/2004 (A.Y. 2001-02) WHEREIN THE MA OF THE REVENUE WAS P ARTLY ALLOWED BUT THE DECISION OF THE TOPMAN EXPORT 342 ITR 49 (SC) WAS FOLLOWED. IT HAS ALSO BEEN HELD THAT IN THE CASE OF SAURASHTRA KUTCH STOCK EXCHANGE 305 ITR 227 (SC) IT IS HELD THAT IF AN ORDER OF A TRIBUNAL IS NOT IN LINE WITH THE JUDGMENT OF THE APEX COURT AL THOUGH RENDERED SUBSEQUENTLY THE TRIBUNAL HAS COMMITTED AN ERROR. THERE IS AN ANOTHER DECISION OF ITAT B BENCH PRONOUNCED IN THE CASE O F M/S. MEGHMANI ORGANICS LTD. BEARING M.A. NO.23 & 26/AHD/2010 IN ITA NO.249/AHD/2005 & 1347/AHD/2004 DATED 30.03.2012 W HEREIN THE MISC. PETITION OF THE REVENUE WAS ALLOWED WHEREIN T HE VIEW WAS RENDERED THAT IF BY ALLOWING A MISC. PETITION THE TRIBUNAL BRINGS ABOUT THE RESULT WHICH WOULD BE IN ACCORDANCE WITH VERDIC T RENDERED BY THE HONBLE SUPREME COURT THEN SUCH AN EXERCISE OF RECT IFICATION IS PERMISSIBLE U/S. 254(2) OF IT ACT. IN VIEW THESE DE CISIONS WE HEREBY RECALL THE ORDER OF THE TRIBUNAL DATED 31 ST OF MARCH 2010 SO THAT THE RECALL ISSUE RAISED BY THE ASSESSEE CAN BE PROPERLY ADJUDICATED AND DECIDED AS PER LAW. NEEDLESS TO SAY AFTER PROVIDING AN OPPORTUNITY OF HEARING TO BOTH THE SIDES. FOR THE PURPOSE OF HEARI NG OF THIS APPEAL THE MA NO.90/AHD/2013 IN ITA NO.446/AHD/2007 M/S. ASIATIC INDUSTRIES V/S. ACIT AHMEDABAD 2003-04 - 3 - DATE IS NOW FIXED FOR 16 TH OF DECEMBER 2013 TO BE COMMUNICATED TO BOTH THE SIDES SO THAT THE ISSUE WHICH IS ALMOST NOW SET TLED CAN BE DECIDED AT AN EARLY DATE. M.A. ALLOWED. SD/- SD/- (T.R. MEENA) (MUKUL KR. SHR AWAT) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 18/10/2013 PRABHAT KR. KESARWANI SR.P.S. TRUE COPY 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