Shri Laxmilal Bhanwarlal Shah, Baroda V. The Income tax Officer,Ward-5(2), Baroda

CO 170/AHD/2010

• Counselvise Citation: [2010] 122 COUNSELVISE.COM (IT) 4984 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 month(s) 8 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 17-09-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2007-2008
• Appeal Filed On: 09-07-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH AHMEDABAD (BEFORE S/SHRI BHAVNESH SAINI, JM AND D. C. AGRAWAL , AM) C. O. NO.170/AHD/2010 (IN ITA NO.2120/AHD/2010 FOR A.Y. 2007-08) SHAH LAXMAILAL BHANWARLAL, NEAR MES SCHOOL, NAGARWADA, BARODA VS THE INCOME TAX OFFICER, WARD -5 (2), AAYAKAR BHAVAN, RACE COURSE CIRCLE, BARODA PA NO. AJFPS 4521E (CROSS OBJECTOR) (RESPONDENT) CROSS OBJECTOR BY SHRI ANIL R. SHAH, AR RESPONDENT BY SHRI K. M. SHAH, DR O R D E R PER BHAVNESH SAINI: THIS CROSS OBJECTION IS FILED BY THE ASSESSEE ON THE FOLLOWING GROUNDS: 1. THE LEARNED CIT(APPEALS), CONSIDERING THE FACTS OF THE CASE AND PROVISIONS OF LAW, HAS RIGHTLY DELETED THE ADDITION TO THE EXTENT OF RS.26,39,562/- OUT OF TOT AL ADDITION OF RS.37,70,803/- ON ACCOUNT OF PURCHASES MADE FROM CERTAIN PARTIES DURING THE F. Y. 2006-07. 2. WITHOUT PREJUDICE TO THE ABOVE, YOUR RESPONDENT SUBMITS THAT CIT(A) HAS ERRED IN CONFIRMING DISALLOWANCE TO THE EXTENT OF RS.11,31,241/- BEING THE AMOUNT @30% OF PURCHASES MADE FROM CERTAIN PARTIES DURING THE F. Y. 2006-07 DESPITE THE FACT THAT THE RESPONDENT IN MAINTAINING PROPER BOOKS OF ACCOUNTS AND STOCK RECORDS, ALL THE SUPPLIERS ARE KNOW PARTI ES HAVING VAT REGISTRATION AND HAVE BEEN PAID BY A/C PAYEE CHEQUES ONLY. ALSO THE ADDITION IS BASED ON STATEMENT GIVEN BY SUPPLIERS, COPY OF WHICH WAS NEI THER PROVIDED TO THE RESPONDENT NOR RESPONDENT WAS ALLOW ED FOR CROSS EXAMINATION OF SUPPLIERS. C. O. NO.170/AHD/2010 (IN ITA NO.2120/AHD/2010) SHAH LAXMAILAL BHANWARLAL VS ITO W 5(2), BARODA 2 2. THE APPEAL OF THE ASSESSEE WAS ALSO FIXED TODAY IN ITA NO.2305/AHD/2010 IN WHICH THE ASSESSEE HAS RAISED T HE SIMILAR GROUND WHICH IS RAISED AS GROUND NO.2 IN THE CROSS OBJECTI ON. THE LEARNED COUNSEL FOR THE ASSESSEE SOUGHT ADJOURNMENT IN THE APPEAL OF THE ASSESSEE IN ITA NO.2305/AHD/2010 AND REQUESTED THAT SAME MAY BE TAKEN UP ALONG WITH THE DEPARTMENTAL APPEAL. THE RE CORD WAS PRODUCED BEFORE US WHICH WAS CONFRONTED TO THE LEARNED COUNS EL FOR THE ASSESSEE WITH REGARD TO FILING OF THE CROSS OBJECTION WHICH SHOWS THAT GROUND NO.1 IN THE CROSS OBJECTION IS FILED ONLY IN SUPPOR T OF THE ORDER OF THE LEARNED CIT(A). THEREFORE, THE CROSS OBJECTION WOUL D NOT BE MAINTAINABLE. GROUND NO.2 OF THE CROSS OBJECTION IS SAME WHICH IS RAISED IN THE APPEAL OF THE ASSESSEE IN ITA NO.2305 /2010. 3. THE LEARNED COUNSEL FOR THE ASSESSEE ACCORDINGLY , SEEKS PERMISSION TO WITHDRAW THE CROSS OBJECTION NO.170/A HD/2010 AND STATED THAT HE WOULD BE PURSUING THE SAME GROUND IN THE APPEAL OF THE ASSESSEE IN ITA NO.2305/AHD/2010. 4. IN VIEW OF THE ABOVE FACT AND THAT THE ASSESSEE SEEKS PERMISSION TO WITHDRAW THE CROSS OBJECTION, THE CROSS OBJECTION W AS ALSO TAKEN UP FOR HEARING AND THE ASSESSEE IS PERMITTED TO WITHDRAW T HE CROSS OBJECTION. 5. IN VIEW OF THE ABOVE, THE CROSS OBJECTION IS DIS MISSED AS WITHDRAWN WITH THE ABOVE OBSERVATIONS. ORDER PRONOUNCED IN THE OPEN COURT ON 17-09-2010 SD/- SD/- (D. C. AGRAWAL) ACCOUNTANT MEMBER (BHAVNESH SAINI) JUDICIAL MEMBER DATE : 17-09-2010 LAKSHMIKANT/- C. O. NO.170/AHD/2010 (IN ITA NO.2120/AHD/2010) SHAH LAXMAILAL BHANWARLAL VS ITO W 5(2), BARODA 3 COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A) CONCERNED 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE BY ORDER D Y. REGISTRAR, ITAT, AHMEDABAD