M/s. Ashabhai Babarbhai Patel & Co., Anand V. The Income tax Officer,Ward-3, Anand

CO 213/AHD/2010

• Counselvise Citation: [2010] 122 COUNSELVISE.COM (IT) 5454 (ITAT-AHMEDABAD)
• Duration Of Justice: 4 month(s) 19 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 16-12-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2005-2006
• Appeal Filed On: 28-07-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: P B DOSHI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL : D BENCH : AHMEDABAD (BEFORE HONBLE SHRI T.K. SHARMA, J.M. & HON' BLE SHRI A.N. PAHUJA, A.M. ) C.O. NO. 213/AHD/2010 (ARISING OUT OF I.T.A. NO. 2195/AHD./2010) ASSESSMENT YEAR : 2005-2006 M/S. ASHABHAI BABARBHAI PATEL & CO., -VS.- INCOM E TAX OFFICER, WARD-3, ANAND ANAND (PAN : AADFA 1348 Q) (CROSS OBJECTOR) (RESPONDENT) CROSS OBJECTOR/ ASSESSEE BY : SHRI P.B. D OSHI RESPONDENT/ DEPARTMENT BY : SHRI ROHIT M EHRA, D.R. O R D E R PER SHRI T.K. SHARMA, JUDICIAL MEMBER : THIS CROSS OBJECTION FILED BY THE ASSESSEE IS IN S UPPORT OF THE ORDER DATED 30.04.2010 OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-IV, BA RODA FOR THE ASSESSMENT YEAR 2005-06. THE GROUND OF CROSS OBJECTION READS AS UNDER :- THE LD. CIT(APPEALS) HAS RIGHTLY DELETED THE DISAL LOWANCE OF INTEREST RS.5,60,757/- U/S. 40(A)(IA) OF THE ACT CO NSIDERING THE FACTS THAT THE FIRM HAD RECEIVED THE FORM 15G FROM THE DE POSITOR MANIBHAI A. PATEL (HUF) AND IT WAS SENT TO THE COMM ISSIONER OF INCOME TAX BARODA AS PER THE PROVISION OF SECTION 1 97A(2) OF THE ACT. SO THE FIRM IS NOT LIABLE TO DEDUCT THE TAX AT SOURCE. 2. AS WE HAVE ALREADY DECIDED THE APPEAL OF THE RE VENUE ON 10.12.2010 IN ITA NO. 2195/AHD/2010 FOR THE ASSESSMENT YEAR 2005-06 IN FA VOUR OF ASSESSEE, THEREFORE, THE CROSS OBJECTION FILED BY THE ASSESSEE RENDERS INFRUCTUOUS AND IS DISMISSED. 3. IN THE RESULT, THE CROSS OBJECTION FILED BY THE ASSESSEE IS DISMISSED. THE ORDER WAS PRONOUNCED IN THE COURT ON 16.12.20 10 SD/- SD/- (A.N. PAHUJA) (T.K. SHARMA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 16/ 12 / 2010 2 CO-213-A HD-2010 (IN ITA NO. 2195-AHD-2010) COPY OF THE ORDER IS FORWARDED TO : 1) THE ASSESSEE (2) THE DEPARTMENT. 3) CIT(A.) CONCERNED, (4) CIT CONCERNED, (5) D.R. , ITAT, AHMEDABAD. TRUE COPY BY ORDER DEPUTY REGI STRAR, ITAT, AHMEDABAD LAHA/SR.P.S.