Shri Nirad Bachubhai Patel, Bhavnagar V. The Income Tax Officer, Ward-2(4), Bhavnagar

CO 28/AHD/2014

• Counselvise Citation: [2016] 123 COUNSELVISE.COM (IT) 2019 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 6 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 11-02-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2010-2011
• Appeal Filed On: 05-02-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER CO NO.28/AHD/2014 (IN ITA NO. 2198/AHD/2013) / ASSESSMENT YEAR: 2010-2011 SHRI NIRAD BACHUBHAI PATEL, PROP. CHANDAN PHARMA, 14-16, AKSHARDEEP COMPLEX, KUMBHARWADA, MAHUVA, DIST: BHAVNAGAR PAN : AHPPP 9074 K VS. ITO, WARD 2(4), BHAVNAGAR CROSS-OBJECTOR (ORIGINAL RESPONDENT) RESPONDENT (ORIGINAL APPELLANT) ASSESSEE BY : SHRI TUSHAR HEMANI, AR REVENUE BY : SHRI RAJDEEP SINGH, SR. DR / DATE OF HEARING : 29/01/2016 / DATE OF PRONOUNCEMENT: 11/02/2016 / O R D E R PER RAJPAL YADAV, JUDICIAL MEMBER: THE PRESENT CROSS-OBJECTION WAS FILED BY THE ASSESS EE ON RECEIPT OF NOTICE IN THE REVENUES APPEAL BEARING ITA NO.2198/ AHD/2013. THE CROSS- OBJECTION WAS HEARD ALONG WITH THE APPEAL ON 29.01. 2016. THE APPEAL OF THE REVENUE HAS BEEN DISMISSED ON THE GROUND THAT TAX E FFECT INVOLVED IN THE APPEAL WAS LESS THAN RS.10 LAKHS AND HENCE THE SAM E WAS NOT MAINTAINABLE IN VIEW OF CBDT CIRCULAR NO.21/2015 DATED 10.12.201 5. DUE TO AN INADVERTENT MISTAKE, THE ORDER IN THE CROSS-OBJECTI ON COULD NOT BE DICTATED ALONG WITH THE APPEAL. THE ORDER IN THE APPEAL HAS BEEN PRONOUNCED ON 08.02.2016. 2. IT EMERGES OUT FROM THE RECORD THAT THE ASSESSEE HAS INCURRED EXPENSES WITH REGARD TO THE CONTRACT RECEIPTS. THE LEARNED ASSESSING OFFICER CO NO. 28/AHD/2014 IN ITA NO. 2198/AHD/2013 SHRI NIRAD B. PATEL VS ITO FOR AY: 2010-11 2 HAS DISALLOWED THE EXPENSES OF RS.24,52,164/-. ON APPEAL, THE LEARNED CIT(A) CONFIRMED THE DISALLOWANCE TO THE EXTENT OF 20% AND DELETED THE ADDITION TO THE EXTENT OF 80%. THE APPEAL OF THE R EVENUE HAS BEEN DISMISSED BY US WITH REGARD TO THE DELETION OF 80% BEING NOT MAINTAINABLE ON ACCOUNT OF LOW TAX EFFECT. 3. WITH THE ASSISTANCE OF LEARNED REPRESENTATIVES, WE HAVE GONE THROUGH THE RECORD CAREFULLY. WE FIND THAT THE ASSESSEE FA ILED TO SUBMIT THE SUPPORTING DETAILS TO THE ASSESSING OFFICER WITH RE GARD TO THE EXPENSES CLAIMED BY IT. THE AD-HOC DISALLOWANCE AT 20% HAS BEEN CONFIRMED BY THE CIT(A). WE DO NOT FIND ANY ERROR IN THE ORDER OF T HE CIT(A) AND ACCORDINGLY, THE CROSS-OBJECTION FILED BY THE ASSES SEE IS DISMISSED. 4. IN THE RESULT, THE CROSS-OBJECTION FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE COURT ON 11 TH FEBRUARY, 2016 AT AHMEDABAD. SD/- SD/- (ANIL CHATURVEDI) ACCOUNTANT MEMBER (RAJPAL YADAV) JUDICIAL MEMBER AHMEDABAD; DATED 11/02/2016 BIJU T., PS '#$%&%' / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ! ' / CONCERNED CIT 4. ! ' ( ) / THE CIT(A) 5. %&' , , / DR, ITAT, AHMEDABAD 6. ', -. / GUARD FILE . / BY ORDER, TRUE COPY / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD