Balsamand Horticulture and Animal Husbandry Enterprises, JAIPUR V. ACIT, JODHPUR

CO 12/JODH/2015

• Counselvise Citation: [2016] 123 COUNSELVISE.COM (IT) 2194 (ITAT-JODHPUR)
• Duration Of Justice: 3 month(s) 28 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 15-03-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 17-11-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S L MOURYA
• Assessee Lawyers: RAJIV
• Section: 234B

Judgement Text

IN THE INCOME TAX APPELALTE TRIBUNAL JODHPUR BENCH, JODHPUR BEFORE: SHRI N. S. SAINI, ACCOUNTANT MEMBER AND SHRI GEORGE MATHAN, JUDICIAL MEMBER I.T.A.NO.144 & 145/JODH/2015 ASSESSMENT YEAR: 2010-11 & 2011-12 THE ASST. COMMISSIONER OF INCOME-TAX, CIRCLE -1, ROOM NO.63, AAYAKAR BHAWAN, PAOTA, JODHPUR VS. M/S. BALSAMAND HORTICULTURE AND ANIMAL HUSBANDRY ENTERPRISES, UMAID BHAWAN PALACE,JODHPUR PAN :AAAFB9363M APPELLANT RESPONDENT C.O. NO.12 & 13/JODH/2015 (IN I.T.A.NO.144 & 145/JODH/2015) ASSESSMENT YEAR: 2010-11 & 2011-12 M/S. BALSAMAND HORTICULTURE AND ANIMAL HUSBANDRY ENTERPRISES, UMAID BHAWAN PALACE,JODHPUR PAN :AAAFB9363M VS. THE ASST. COMMISSIONER OF INCOME-TAX, CIRCLE -1, ROOM NO.63, AAYAKAR BHAWAN, PAOTA, JODHPUR CROSS OBJECTOR RESPONDENT REVENUE BY SHRI S. L. MOURYA, DR APPELLANT BY SHRI RAJIV PANDEY, AR DATE OF HEARING: 15.03.2016 DATE OF PRONOUNCEMENT: 15.03.16 O R D E R PER: GEORGE MATHAN, J.M. : THE APPEAL IN ITA NO.144/JODH/2015 AND 145/JODH/20 15 ARE APPEALS FILED BY THE REVENUE AGAINST THE CONSOLIDATED ORDE R OF THE LEARNED CIT (A), JODHPUR PASSED IN APPEAL NO.10/2013 -2014 & 392/201 3-14 DATED 02-02- 2 ITA NO.144 & 145/JODH/2015 C.O. NO.12 & 13/JODH/2015 2015 FOR ASSESSMENT YEARS 2010-11 AND 2011-12 RESPE CTIVELY. THE C.O.NO.12 AND 13/JODH/2015 ARE FILED BY THE ASSESSE E IN THE REVENUES APPEALS. 2. SHRI S. L. MOURYA REPRESENTED ON BEHALF OF THE R EVENUE AND SHRI RAJIV PANDEY REPRESENTED THE ASSESSEE. 3. AT THE TIME OF HEARING THE LEARNED AR SUBMITTED THAT HE DID NOT WISH TO PRESS THE CROSS OBJECTIONS WHICH WERE IN SUPPORT OF THE ORDER OF THE LEARNED CIT (A). CONSEQUENTLY, THE CROSS OBJECTIONS FILED B Y THE ASSESSEE STAND DISMISSED AS WITHDRAWN. 4. IN REGARD TO THE REVENUES APPEALS IT WAS FAIRLY AGREED BY BOTH THE SIDES THAT THE ISSUES IN THE APPEALS WERE SQUARELY COVERED BY THE DECISION OF THE CO-ORDINATE BENCH OF THIS TRIBUNAL IN THE ASSES SEES OWN CASE IN ITA NO.78 TO 82/JODH/2012 ADDITION ITA NO.08/JODH/2013 DATED 24-06-2013. THE LEARNED A.R. HAS FILED A CHART EXPLAINING THE GROUN DS RAISED AS FOLLOWS:- 3 ITA NO.144 & 145/JODH/2015 C.O. NO.12 & 13/JODH/2015 S. NO. PARTICULARS ASSESSMENT YEARS EFFECT 2004 - 05 2005 - 06 2006 - 07 2007 - 08 2008 - 09 2009 - 10 1 TREATING INCOME FROM BUSINESS WHICH MAY DECLARED AS INCOME FROM HOUSE PROPERTY N.A. N.A. N.A. N.A. N.A. GROUND NO. NO.2/PAGE 26 PARA 3.7(1) ACCEPTED AS DECLARED 2 LEASE RENT REDUCED FROM 15% OF TURNOVER TO 7.5% GROUND NO. NO.2/PG.5 0 & 51 PARA 5 (6) GROUND NO. NO.2/PG.5 0 & 51 PARA 5 (6) GROUND NO. NO.2/PG.5 0 & 51 PARA 5 (6) GROUND NO. NO.2/PG.5 0 & 51 PARA 5 (6) GROUND NO. NO.2/PG.5 0 & 51 PARA 5 (6) GROUND NO. NO.2/PG.5 0 & 51 PARA 5 (6) ACCEPTED AS DECLARED 3 ADDING NOTIONAL RENT OF 12% ON SECURITY DEPOSIT OF RS.5 CRORE GROUND NO.3/PAGE 54 & 55 PARA 5(9) GROUND NO.3/PAGE 54 & 55 PARA 5(9) GROUND NO.3/PAGE 54 & 55 PARA 5(9) GROUND NO.3/PAGE 54 & 55 PARA 5(9) GROUND NO.3/PAGE 54 & 55 PARA 5(9) GROUND NO.3/PAGE 54 & 55 PARA 5(9) ADDITION OF RS.60 LACS DELETED. 4 ANNULMENT OF ASSESSMENT ORDER GR. NO. 1 GR. NO. 1 GR. NO. 1 GR. NO. 1 GR. NO. 1 GR. NO. 1 GENERAL AND HENCE ADJUDICATE D 5 LEVY OF INTEREST U/S 234B & 234C GR. NO.4/PAGE 55 PARA 5 (1) GR. NO.4/PAGE 55 PARA 5 (1) GR. NO.4/PAGE 55 PARA 5 (1) GR. NO.4/PAGE 55 PARA 5 (1) GR. NO.4/PAGE 55 PARA 5 (1) GR. NO.4/PAGE 55 PARA 5 (1) CONSEQUE - NTIAL 5. THE REVENUE HAS NOT DISPUTED THE CHART. IN THE C IRCUMSTANCES, AS IT IS NOTICED THAT ALL THE ISSUES IN THE REVENUES APPEAL S ARE SQUARELY COVERED BY THE DECISION OF A CO-ORDINATE BENCH OF THIS TRIBUNA L IN THE ASSESSEES OWN CASE REFERRED TO (SUPRA) AND AS IT IS NOTICED THAT THE LEARNED CIT (A) HAS DELETED THE ADDITION BY FOLLOWING THE DECISION OF T HE CO-ORDINATE BENCH OF THIS TRIBUNAL IN ASSESSEES OWN CASE REFERRED TO (SUPRA) , WE ARE OF THE VIEW THAT THERE IS NO ERROR IN THE FINDINGS OF THE LEARNED CI T (A) WHICH CALLS FOR ANY INTERFERENCE. AS A RESULT, THE APPEALS FILED BY THE REVENUE STAND DISMISSED. 4 ITA NO.144 & 145/JODH/2015 C.O. NO.12 & 13/JODH/2015 6. IN THE RESULT, THE APPEALS OF THE REVENUE AND TH E CROSS OBJECTIONS OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 15.03.2016. SD/- SD/- (N. S. SAINI) (GEORGE MATHAN) ACCOUNTANT MEMBER JUDICIAL MEMBER JODHPUR, DATED: 15 TH MARCH, 2016 LAKSHMIKANTA LAKSHMIKANTA LAKSHMIKANTA LAKSHMIKANTA DEKA/ DEKA/ DEKA/ DEKA/- -- - COPY OF THE ORDER FORWARDED TO: 1 . THE APPELLANT 2. THE RESPONDENT 3. CIT CONCERNED 4. CIT (A) CONCERNED 5. DR, ITAT, JODHPUR 6. GUARD FILE BY ORDER, SR. PRIVATE SECRETARY DATE INITIAL ORIGINAL DICTATION PAD & DRAFT ARE ENCLOSED IN THE FILE 1. DRAFT DICTATED ON 15.03.16 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 16.03.16 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 16.03.16 JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER 16.03. 16 JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS 16.03.16 SR.PS 6. DATE OF PRONOUNCEMENT 15.03.16 SR.PS 7. FILE SENT TO THE BENCH CLERK SR.PS 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK 9. DATE OF DISPATCH OF ORDER