Income Tax Appellate Tribunal - Ahmedabad
Shri Nigam R. Desai, Vapi vs The Income Tax Officer, Ward-2,, Vapi on 19 January, 2017
IN THE INCOME TAX APPELLATE TRIBUNAL
AHMEDABAD "D" BENCH
Before: Shri S. S. Godara, Judicial Member
And Shri Amarjit Singh, Accountant Member
MA No. 04/Ahd/2016
(In CO No. 238/Ahd/2012)
Assessment Year 2008-09
Nigam R. Desai, The ITO,
Nehru Street, W ard-2,
Vapi-396191 Vs Vapi
PAN: AIMPD0632R (Respondent)
(Appellant)
Revenue by: Shri Dharmvir Yadav, Sr. D.R.
Assessee by: Shri Monil Shah, A.R.
Date of hearing : 16-12-2016
Date of pronouncement : 19-01-2017
आदेश /ORDER
PER : AMARJIT SINGH, ACCOUNTANT MEMBER:-
In this case, the assessee has filed MA on 1st January, 2016 stating that inadvertent mistake was found in the order of ITAT dated 11/12/2015. The mistake he stated was that in para 8; page 6 of the order, Hon'ble Tribunal has held "as far as CO is concerned, ld. MA no. 04/Ahd/2016 ( in CO No. 238/Ahd/2012) A.Y. 2008-09 Page No 2 Nigam R. Desai vs. ITO authorized representative did not seriously press the grounds raised in the CO, therefore, the same is dismissed."
2. During the course of appellate proceedings, the learned counsel stated that at the time of hearing in the case of assessee, the learned counsel had placed on record order of Hon'ble ITAT in the case of co-owner namely; Babubhai Nichchabhai Desai (HUF) (ITA 373/Ahd/2012) stating that in this case the Co-ordinate Bench of ITAT had allowed the appeal in the case of co-owner partly by taking fair market value @ 102/-, therefore, he contended that relief to the extent allowed by the Co-ordinate Bench to the above named co- owner may also be extended to the assessee. On the other side, ld. departmental representative objected the admission of MA of the assessee.
3. We have heard both the sides and gone through the record carefully. We find from the copy of order produced by the learned counsel in the case of Babubhai Nichchabhai Desai (HUF) in which the coordinate bench of the hon'ble ITAT held that the fair market value of Rs.102/- by averaging minimum and maximum rate given by Sub-registrar, Daman and the rate given by govt. approved valuer ( Rs. 33+ Rs. 135 +Rs. 108= Rs. 306/3= Rs. 102), was applied.We considered that the decision of the coordinate bench relate to the description of the property similar to the case of the assessee, therefore, the MA of the assessee is allowed and the assessing officer is directed to adopt the rate of Rs.102/- as decided by the MA no. 04/Ahd/2016 ( in CO No. 238/Ahd/2012) A.Y. 2008-09 Page No 3 Nigam R. Desai vs. ITO coordinate bench of the ITAT in the case of Babubhai Nichchabhai Desai (HUF) (ITA 373/Ahd/2012) for the assessment year 2008-09.
Order pronounced in the open court on 19-01-2017 Sd/- Sd/-
(S.S. GODARA) (AMARJIT SINGH) JUDICIAL MEMBER ACCOUNTANT MEMBER Ahmedabad : Dated 19/01/2017
आदेश क त ल प अ े षत / Copy of Order Forwarded to:-
1. Assessee
2. Revenue
3. Concerned CIT
4. CIT (A)
5. DR, ITAT, Ahmedabad
6. Guard file.
By order/आदेश से, उप/सहायक पंजीकार आयकर अपील य अ धकरण, अहमदाबाद