2014 (6) TMI 320 - AT - Income Tax

Recall of order Held that - Following Commissioner of Income-tax Versus Jolly Polymers 2012 (4) TMI 398 - GUJARAT HIGH COURT - the appeal is allowed to be in favour of the Department, where the assessee has already applied before 31/03/2004, and such license were granted shortly thereafter - the date of application for Factory license was not emerging from the record, the matter is bound to be remitted back to the AO for verification of such fact and to decide the assessee s case on the basis of findings given in the judgment thus, the order is recalled and Registry is directed to fix the hearing of the appeal in due course Decided in favour of Revenue.

Summary

Issues:
Recall of order dated 15/06/2012 passed by ITAT Bench "D" Ahmedabad in ITA No.711/Ahd/2010 for AY 2006-07.

Analysis:
The judgment pertains to a Miscellaneous Application filed by the Revenue requesting the recalling of an order dated 15/06/2012 passed by the ITAT Bench "D" Ahmedabad in ITA No.711/Ahd/2010 for AY 2006-07. The Revenue sought the recall based on a decision by the Hon'ble Jurisdictional High Court in Miscellaneous Civil Application No.137 of 2012 in Tax Appeal No.1125 of 2010. The Tribunal had initially decided the appeal against the Revenue, following a previous decision for the Asst. Year 2005-06 in the assessee's own case. The Revenue argued that the High Court had decided the issue in their favor, prompting the request for the order's recall and a decision in favor of the Revenue.

Upon hearing the Senior DR and examining the material on record, the Tribunal noted that the earlier decision in ITA No.711/Ahd/2010 had favored the assessee based on the precedent set in the assessee's own case for AY 2005-06. However, the High Court's subsequent decision in favor of the Revenue on the issue of obtaining a factory license impacted the Tribunal's original decision. The High Court's ruling specified different scenarios based on the timing of the factory license application, leading the Tribunal to recall its previous order and direct the Registry to schedule a new hearing for the appeal.

In conclusion, the Tribunal allowed the Miscellaneous Application filed by the Revenue, citing the High Court's decision in favor of the Revenue regarding the factory license issue. The order was pronounced in court, and the appeal was set for a new hearing following the decision to recall the previous order.