Gujarat High Court
Shree Rama Multitech Ltd vs The Commissioner Of Income TaxIv on 13 January, 2017
Bench: M.R. Shah, G.R.Udhwani
O/OJMCA/191/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC. CIVIL APPLICATION (OJ) NO. 191 of 2016
In
TAX APPEAL NO. 255 of 2008
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SHREE RAMA MULTITECH LTD.....Applicant(s)
Versus
THE COMMISSIONER OF INCOME TAXIV....Respondent(s)
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Appearance:
MR. JAYMIN DAVE FOR MR B S SOPARKAR, ADVOCATE for the Applicant(s)
No. 1
MR NITIN K MEHTA, ADVOCATE for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE M.R. SHAH
and
HONOURABLE MR.JUSTICE G.R.UDHWANI
Date : 13/01/2017
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE M.R. SHAH) 1.0. Present application has been preferred by the applicant assessee - original respondent to recall the judgment and order dated 23.06.2016 passed by this Court in Tax Appeal No. 255 of 2008.
2.0. It is the case of the applicant assessee that while disposing of the said Appeal and holding the question in favour of Revenue, the Division Bench wrongly applied the decision of the Hon'ble Supreme Court in the case of Commissioner of Income Tax vs. Gujarat Fluore Chemicals reported in (2013)358 291(SC). It is submitted that in that case, the main question was with respect to interest on compensation and not interest on refund. It is submitted that in the present case the question was with regard to non granting of interest under Section 244 A of the Income Tax Act while processing return under Section 143(1)
(a) of the Income Tax Act. It is submitted that therefore, there is apparent error on the face of record.
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O/OJMCA/191/2016 ORDER
3.0. Shri Nitin Mehta, learned advocate for the Revenue has initially tried to oppose the present application by submitting that the aforesaid cannot be ground to recall the order passed by this Court, however, ultimately he has left it to the Court.
4.0. Having heard the learned advocates for the respective parties and considering the impugned order passed by this Court which is sought to be recalled and the decision of the Hon'ble Supreme Court in the case of Gujarat Fluore Chemicals (supra) and the question of law framed / raised in the main Tax Appeal, we are of the opinion that there seem to be an error in considering the facts which was there before the Hon'ble Supreme Court in the case of Gujarat Fluore Chemicals (supra) and the facts in the appeal. Under the circumstances, keeping all the contentions and defences are kept open, which may be available to the respective parties including applicability of judgment of the Hon'ble Supreme in the case of Gujarat Fluore Chemicals (supra) as it required elaborate submissions even with respect to applicability of the said judgment, present application is allowed. The judgment and order dated 23.06.2016 passed by this Court in Tax Appeal No. 255 of 2008 is recalled and the Tax Appeal is herebey ordered to be restored to file. Now, the aforesaid appeal placed before the appropriate Court taking up such matter.
(M.R. SHAH, J.) (G.R.UDHWANI, J.) Kaushik Page 2 of 2 HC-NIC Page 2 of 2 Created On Sat Aug 12 09:52:14 IST 2017