2015 (7) TMI 1325 - AT - Income Tax

MAT - Adjustment of book profit u/s 115JB by the estimated gratuity provision made on the basis of actuarial valuation which is unascertained liability - HELD THAT - In view of the above discussion we hereby recall the order 2013 (8) TMI 810 - ITAT AHMEDABAD the limited purpose of disposing of ground no.7a and fix the matter for this purpose on 21st September 2015. As the date of hearing has been announced in the open court there is no need to issue fresh notice to the parties.

Summary

Issues: Ground No.7a remained undisposed in the order dated 5th July, 2013.

In the judgment delivered by the Appellate Tribunal ITAT Ahmedabad, the applicant pointed out that ground No.7a in ITA No.729/Ahd/2010 was not disposed of in the order dated 5th July, 2013. The applicant highlighted that although arguments were recorded in para 22 of the impugned order, the subsequent paragraph 23 did not address those arguments, leaving the ground of appeal unresolved. The ld. DR did not oppose the applicant's contention. Consequently, the Tribunal decided to recall the order dated 5.7.2013 for the specific purpose of disposing of ground no.7a and scheduled a hearing for this purpose on 21st September, 2015. Since the hearing date was announced in the open court, no fresh notice to the parties was deemed necessary. As a result, the Miscellaneous Application was allowed, and the decision was pronounced in the open court on 20th July 2015.