Vraj Construction, Ahmedabad V. The Income Tax Officer, Ward-4, Gandhinagar

CO 153/AHD/2014

• Counselvise Citation: [2018] 123 COUNSELVISE.COM (IT) 3525 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 6 month(s) 23 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 07-02-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2004-2005
• Appeal Filed On: 14-07-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect
• Section: 234B

Judgement Text

CO NOS. 153& 154/AHD/2014 VRAJ CONSTRUCTION/VRAJ CORPORATION VS.ITO ASSESSMENT YEAR: 2004-05 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD D BENCH, AHMEDABAD [CORAM: PRAMOD KUMAR AM AND S S GODARA JM] CO NO.153/AHD/2014 (IN ITA NO. 16/AHD/2014) ASSESSMENT YEAR: 2004-05 VRAJ CONSTRUCTION .......CROSS-OBJECTOR 903, AMBIENCE TOWER (ORIGINAL RESP ONDENT) B/H. JUDGES BUNGALOWS, BODAKDEV, AHMEDABAD-380 015 [PAN : AADFV 4650 Q] VS. INCOME TAX OFFICER ............................RESPONDENT WARD-4, GANDHINAGAR (ORIGINAL APPELLAN T) CO NO.154/AHD/2014 (IN ITA NO. 17/AHD/2014) ASSESSMENT YEAR: 2004-05 VRAJ CORPORATION .......CROSS-OBJECTOR 314, MANSAROVAR, (ORIGINAL RESPON DENT) IOC ROAD, CHANDKHEDA, AHMEDABAD- 382 424 [PAN : AACFV 9461 E] VS. INCOME TAX OFFICER ............................RESPONDENT WARD-4, GANDHINAGAR (ORIGINAL APPELLAN T) APPEARANCES BY: PM MEHTA & GM THAKOR FOR THE CROSS-OBJECTOR VK SINGH FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : 06.02.2018 DATE OF PRONOUNCING THE ORDER : 07.02.2018 O R D E R PER BENCH : 1. THESE TWO CROSS OBJECTIONS ARE PRESENTED AT THE INSTANCE OF ASSESSEE(S) IN APPEAL OF THE REVENUE, I.E., ITA NOS. 16 & 17/AHD/2 014 FOR ASSESSMENT YEAR 2004- 05, ON THE FOLLOWING COMMON GROUNDS:- 1. IN LAW AND ON THE FACTS AND CIRCUMSTANCES OF TH E RESPONDENTS CASE, THE LD. CIT(A) HAS GROSSLY ERRED IN HOLDING THAT CONSEQ UENT UPON HIS DECIDING THE ISSUE OF THE RESPONDENTS ELIGIBILITY TO DEDUCTION U/S 80IB(10) IN FAVOUR OF THE CO NOS. 153& 154/AHD/2014 VRAJ CONSTRUCTION/VRAJ CORPORATION VS.ITO ASSESSMENT YEAR: 2004-05 PAGE 2 OF 2 RESPONDENT ON MERITS, GROUND NO.1, 2 & 3 OF THE RES PONDENTS APPEAL BEFORE HIM CHALLENGING THE VERY VALIDITY OF THE REASSESSME NT PROCEEDINGS AND OF THE REASSESSMENT ORDER IMPUGNED BEFORE HIM, HAD BECOME ACADEMIC NOT REQUIRING ADJUDICATION BY HIM . 2. IN LAW AND ON THE FACTS AND CIRCUMSTANCES OF THE RESPONDENTS CASE, THE LD. CIT(A) HAS GROSSLY ERRED IN OMITTING TO CONSIDE R GROUND NO.5 OF THE RESPONDENTS APPEAL BEFORE HIM CHALLENGING THE LEVY OF INTEREST U/S 234A, 234B AND 234C OF THE I.T. ACT, 1961 2. WHEN THESE CROSS-OBJECTIONS WERE CALLED OUT FOR HEARING, LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT SINCE THE RELATED APPEA LS HAVE ALREADY BEEN DISMISSED ON ACCOUNT OF LOW TAX EFFECT, THE ASSESSEE DOES NOT WISH TO PURSUE THESE CROSS- OBJECTIONS. IT IS, THEREFORE, PRAYED THAT THESE CR OSS-OBJECTIONS MAY BE PERMITTED TO BE WITHDRAWN. LEARNED DEPARTMENTAL REPRESENTATIVE DOES NOT OBJECT TO THE ABOVE PRAYER OF THE ASSESSEE(S). 3. IN VIEW OF ABOVE POSITION, AS ALSO BEARING IN MI ND ENTIRETY OF THE CASE, WE PERMIT THE CROSS-OBJECTIONS BEING WITHDRAWN BY THE ASSESSEE(S). 4. IN THE RESULT, THE CROSS-OBJECTIONS ARE DISMISSE D AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT TODAY ON THE 7 TH DAY OF FEBRUARY, 2018. SD/- SD/- S S GODARA PRAMOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) AHMEDABAD, THE 7 TH DAY OF FEBRUARY, 2018 **BT COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER TRUE COPY ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD 1. DATE OF DICTATION:.....ONE PAGE DICTATION PAD, A S DICTATED BY HONBLE AM, ATTACHED..06.02.2018 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE T HE DICTATING MEMBER: ... 06.02.2018........ 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR . P.S./P.S.: 07.02.2018....... . 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE TH E DICTATING MEMBER FOR PRONOUNCEMENT: ..... 07.02.2018... 5. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK : . 07.02.2018.... 6. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK : . 7. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER: 8. DATE OF DESPATCH OF THE ORDER