The Dhanera Nagrik Sahkari Mandali Ltd., Banaskantha V. The ACIT, B.K.Circle, Palanpur

CO 177/AHD/2014

• Counselvise Citation: [2018] 123 COUNSELVISE.COM (IT) 3527 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 6 month(s) 14 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 07-02-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2010-2011
• Appeal Filed On: 24-07-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

CO NO. 177/AHD/2014 DHANERA NAGRIK SAHKARI MANDALI LTD VS. ACIT ASSESSMENT YEAR: 2010-11 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. 177/AHD/2014 (IN ITA NO. 1367/AHD/2014) ASSESSMENT YEAR: 2010-11 THE DHANERA NAGRIK SAHKARI MANDALI LTD ....... CROSS-OBJECTOR MARKET YARD, DHANERA (ORIGINAL RES PONDENT) DIST. BANASKANTHA -385 310 [PAN : AAABT 2382 G] VS. ASTT. COMMISSIONER OF INCOME-TAX ............................RESPONDENT BK CIRCLE, PALANPUR (ORIGINAL APPELLAN T) APPEARANCES BY: NONE 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. THE PRESENT CROSS-OBJECTION IS PRESENTED AT THE INSTANCE OF ASSESSEE IN APPEAL OF THE REVENUE, I.E., ITA NO. 1367/AHD/2014 FOR ASSESSMENT YEAR 2010-11, ON THE FOLLOWING GROUNDS:- 1. THAT THE LEARNED CIT(A) HAS DECIDED THE APPEAL OF THE CROSS OBJECTOR CONSIDERING VARIOUS DECISIONS OF TRIBUNAL WHEREIN F ACTS ARE IDENTICAL AND AS SUCH THE APPEAL FILED BY THE REVENUE BE DISMISSED. 2. THAT THE PUNE 'A' BENCH HAS RECENTLY DECIDED TH E APPEAL IN THE CASE OF ITO VS. JAIN NAGARI SAHAKARI PAT SANSATHA LID. AND CONSIDERING THE SAME ALSO, THE APPEAL OF THE REVENUE BE DISMISSED. 3. THAT THE ITAT AHMEDABAD ' B ' BENCH AHMEDABAD IN THE CASE OF ACIT B.K. CIRCLE, PALANPUR V/S. THE JAFARI MOMIN VIKAS C REDIT CO-OP. SOCIETY LTD., AND CONSIDERING THE SAME ALSO, THE APPEAL OF THE RE VENUE BE DISMISSED. 4. THAT THE COOPERATIVE CREDIT SOCIETY IS NOT COVER ED BY THE AMENDMENT IN SECTION 80P(4) OF THE LT. ACT 1961 CAME INTO FORCE WITH EFFECT FROM 1.4.2007 AND CONSIDERING IT IN PROPER PERSPECTIVE, THE APPEA L OF THE DEPARTMENT ON THIS GROUND BE DISMISSED. CO NO. 177/AHD/2014 DHANERA NAGRIK SAHKARI MANDALI LTD VS. ACIT ASSESSMENT YEAR: 2010-11 PAGE 2 OF 2 5. THAT THE ISSUE IN QUESTION DECIDED IN THIS APPEA L BY CIT(A) IS FULLY COVERED BY THE DECISIONS OF ITAT AHMEDABAD BENCHES AND CONS IDERING THE SAME, APPEAL FILED BY THE DEPARTMENT BE DISMISSED. 2. WHEN THIS CROSS-OBJECTION WAS CALLED OUT FOR HEA RING, OUR ATTENTION WAS INVITED TO THE ADJOURNMENT PETITION DATED 05.02.201 8 SEEKING ADJOURNMENT OF THIS CASE. HOWEVER, ON A PERUSAL OF THE GRIEVANCE RAISE D IN THE CROSS-OBJECTION, IT WAS NOTICED THAT THE CROSS-OBJECTION DOES NOT HAVE ANY INDEPENDENT GROUND REQUIRING TO BE ADJUDICATED ON MERITS. THE CROSS-OBJECTION MEREL Y SUPPORTS THE ORDER OF THE CIT(A), WHICH HAS, IN ANY CASE, BEEN DISMISSED VIDE ORDER DATED 15.12.2015 ON ACCOUNT OF LOW TAX EFFECT. 3. IN VIEW OF ABOVE DISCUSSION, AS ALSO BEARING IN MIND ENTIRETY OF THE CASE, WE DEEM IT FIT AND PROPER TO REJECT THE CROSS-OBJECTIO N AS INFRUCTUOUS. 4. IN THE RESULT, THE CROSS-OBJECTION IS DISMISSED. 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