Gspc Gas Company Ltd., , Gandhinagar vs Department Of Income Tax
- CitationI.T.A. No.1300/Ahd/2012 - AY 2008-09)
Ratio decidendi
The rule this decision rests on
The Tribunal may recall and re-decide a ground of its own earlier order under the rectification jurisdiction where a mistake has crept into that order: here, the allowance of depreciation on a ground that was decided on the premise of taxability of liquidated damages was inconsistent with the assessee's success, in a connected appeal for the same assessment year, on the non-taxability of those liquidated damages, so that allowing the depreciation as well conferred a double benefit contrary to section 43 of the Income Tax Act, 1961, and the mistake was therefore rectifiable.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
MA No.153/Ahd/2014 - AY 2008-09 (in आयकर अपील सं./ in I.T.A. No.1300/Ahd/2012 - AY 2008-09)
Jt.CIT/Addl.CIT बनाम/ GSPC Gas Company Ltd. Gandhinagar Range Vs. 101/106, IT Tower No.1 Gandhinagar Indroda Circle (Original Appellant) Infocity Gandhinagar 382 011 (Original Respondent) थायी ले खा सं . /जीआइआर सं . / PAN/GIR No. : AABCG 1813 F (Applicant) .. (#$यथ% / Respondent)
Revenue by : Shri M.K. Singh, Sr.DR Assessee by : Shri S.N. Soparkar, AR
ु वाई क( तार)ख / सन Date of Hearing 16/01/2015 घोषणा क( तार)ख /Date of Pronounce ment 13/02/2015
आदे श / O R D E R
PER SHRI KUL BHARAT, JUDICIAL MEMBER :
This miscellaneous application has been filed by the Revenue on 18.9.2014 (arising out of ITA No.1300/Ahd/2012 for AY 2008-09) seeking rectification of mistake apparent in the Tribunal (ITAT "D" Bench Ahmedabad) order dated 11/04/2014.
MA No.153/Ahd/2014 ( in ITA No.1300/Ahd/2012) CIT/Addl.CIT Gandhinagar vs. GSPC Gas Co.Ltd.
Asst.Year - 2008-09 -2-
2. The Ld.Sr.DR submitted that the Tribunal vide order dated 11/04/2014(supra) has dismissed the ground No.2 of Revenue's appeal. He submitted that while doing so, the Hon'ble Tribunal failed to take note of the fact that in Assessee's appeal (ITA No.1390/Ahd/2012 for AY 2008-09), the ground of taxability related to liquidated damages has been decided in favour of assessee. Therefore, by allowing the depreciation, the assessee has been given double benefit which is contradictory to section 43 of the I.T.Act, 1961. On behalf of the assessee, ld.Sr.Counsel Shri S.N.Soparkar appeared and did not controvert the submissions of the ld.Sr.DR.
3. We have heard the rival submissions and perused the order of the Tribunal dated 11/04/2014(supra). We find force in the contention of the ld.Sr.DR, as the assessee in its appeal ITA No.1390/Ahd/2012 pertaining to AY 2008-09 has succeeded on the issue of taxability of liquidated damages. Hence, we are of the considered view that a mistake has crept into the Tribunal's order dated 11/04/2014, same needs to be rectified. Therefore, we recall the Tribunal's order dated 11/04/2014 on ground No.2 raised in Revenue's appeal for AY 2008-09 and fix the appeal for decision afresh on ground No.2. Accordingly, the Registry is directed to fix the Revenue's appeal (ITA No.1300/Ahd/2012 for AY 2008-09 on MA No.153/Ahd/2014 ( in ITA No.1300/Ahd/2012) CIT/Addl.CIT Gandhinagar vs. GSPC Gas Co.Ltd.
Asst.Year - 2008-09 -3-
ground No.2) for hearing in due course, after issuing notice of hearing to both the parties.
4. In the result, the miscellaneous application filed by the Revenue is allowed as indicated above.
Order pronounced in Court on the date mentioned hereinabove at caption page
Sd/- Sd/-
(एन.एस.सैनी) (कुल भारत) लेखा सद य या यक सद य ( N.S.SAINI ) ( KUL BHARAT ) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad; Dated 13/ 02 /2015 ट).सी.नायर, व. न.स./T.C. NAIR, Sr. PS आदे श क !त#ल$प अ%े$षत/Copy of the Order forwarded to : 1. अपीलाथ% / The Applicant. 2. #$यथ% / The Respondent. 3. संबं3धत आयकर आयु5त / Concerned CIT
4. आयकर आयु5त(अपील) / The CIT(A)-Gandhiangar
5. 6वभागीय # त न3ध, आयकर अपील)य अ3धकरण, अहमदाबाद / DR, ITAT, Ahmedabad
6. गाड: फाईल / Guard file.
आदे शानुसार/ BY ORDER,
स$या6पत # त //True Copy// उप/सहायक पंजीकार (Dy./Asstt.Registrar) आयकर अपील य अ धकरण, अहमदाबाद / ITAT, Ahmedabad
1. Date of dictation .. 3.2.15 (dictation-pad 3- pages attached at the end of this File)
2. Date on which the typed draft is placed before the Dictating Member ...3.2.15
3. Other Member...
4. Date on which the approved draft comes to the Sr.P.S./P.S.................
5. Date on which the fair order is placed before the Dictating Member for pronouncement......
6. Date on which the fair order comes back to the Sr.P.S./P.S.......13.2.15
7. Date on which the file goes to the Bench Clerk.....................13.2.15
8. Date on which the file goes to the Head Clerk..........................................
9. The date on which the file goes to the Assistant Registrar for signature on the order..........................
10. Date of Despatch of the Order..................
This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.
Research this judgment with Miss Lucy
Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.
Try Miss Lucy free