NCC-MSKEL(JV), Ahmedabad V. The Income Tax Officer, Ward-9(1), Ahmedabad

CO 3/AHD/2014

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 4238 (ITAT-AHMEDABAD)
• Duration Of Justice: 6 year(s) 9 month(s) 25 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 27-10-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 05-01-2017
• Assessment Year: 2009-2010
• Appeal Filed On: 02-01-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: DEEPAK RINDANI
• Keywords: Tax effect
• Section: 40(a)(ia); 9(1); 9(1); 9(1)

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, AHMEDABAD BEFORE SHRI RAJPAL YADAV, HONBLE VICE-PRESIDENT AND SHRI WASEEM AHMED HONBLE ACCOUNTANT MEMBER CROSS OBJECTION NO.03/AHD/2014 IN ITA.NO.1830/AHD/2013 / ASSTT.YEAR : 2009-10 ITO, WARD - 9(1) AHMEDABAD. VS NCC - MSKEL (JV) 2 ND FLOOR, MSK HOUSE NR.KANSHIRAM BHAVAN PANJARA POLE ROAD AMBAWADI AHMEDABAD 380 015. PAN : AAAN 4143 J / (APPELLANT) / (RESPONDENT) REVENUE BY : SHRI VINOD TANWANI, DR ASSESSEE BY : SHRI DEEPAK RINDANI, AR / DATE OF HEARING : 27/10/2020 / DATE OF PRONOUNCEMENT: 27/10/2020 !'/ O R D E R PER RAJPAL YADAV, VICE-PRESIDENT: THIS IS ASSESSEES CROSS OBJECTION FILED IN THE REV ENUES APPEAL IN ITA NO.1830/AHD/2013 FOR THE ASSTT.YEAR 2009-10 VIDE WH ICH ASSESSEE HAS CHALLENGED DISALLOWANCE OF DEDUCTION UNDER SECTION 40(A)(IA) AND TREATMENT OF INTEREST ON TAX REFUND UNDER SECTION 80IA(4) OF THE ACT. CO NO.03/AHD/2014 2 2. AT THE OUTSET, LD.COUNSEL FOR THE ASSESSEE FILED AN APPLICATION DATED 27.10.2020 SEEKING WITHDRAWAL CO IN VIEW OF ORDER O F THE ITAT PASSED IN APPEAL OF THE ASSESSEE FOR THE ASSTT.YEAR 2008-09, WHICH WAS HAVING CONSEQUENTIAL EFFECT ON THE GRIEVANCE RAISED IN PRE SENT CO. THE CONTENTS OF THE APPLICATION DATED 27.10.2020 OF THE ASSESSEE RE ADS AS UNDER: IT IS MOST RESPECTFULLY STATED THAT THE AFORESAID MATTER IS FIXED FOR HEARING BEFORE THE HON'BLE BENCH ON THE ABOVE-STATED DATE. AT THE OUTSET, IT IS SUBMITTED THAT ITA NO. 1830/A/ 2013 FILED BY THE DEPARTMENT HAS BEEN DISPOSED DUE TO LOW TAX EFFECT VIDE ORDER DATED 11-09- 2019. THE ISSUE IN AFORESAID CROSS OBJECTION FILED BY THE APPELLANT IS RELATING TO NOT GRANTING DEDUCTION OF RS. 16,27,516/- BEING LABOUR/ TECHNICAL CHARGES DISALLOWED U/S 40(A)(IA) OF THE ACT IN A.Y. 2008-09 OF WHICH RELATED IDS WAS PAID DURING YEAR UNDER APPEAL I.E. A.Y. 2009-10. IN THIS REGARD, IT IS SUBMITTED THAT THE APPEAL OF THE APPELLANT PERTAINING TO A.Y. 2008-09 IN ITA NO. 248/A/2012 WHEREIN DISALLOW ANCE OF RS. 16,27,516/- U/S 40(A)(IA) WAS MADE, HAS BEEN ALLOWED BY THE HON 'BLE AHMEDABAD BENCH - D VIDE ORDER DATED 11-09-2019 (ENCLOSED HEREWITH) IN FAVOUR OF APPELLANT. THEREFORE, THERE BEING NO GRIEVANCE IN AFORESAID CR OSS OBJECTION FILED BY THE APPELLANT, THE SAME MAY KINDLY BE CONSIDERED AS WIT HDRAWN. AFTER HEARING BOTH THE SIDES, AND IN VIEW OF PRAYE R OF THE LD.COUNSEL FOR THE ASSESSEE, WE ALLOW THE ABOVE APPLICATION OF THE ASSESSEE, AND TREAT THE CROSS OBJECTION OF THE ASSESSEE AS DISMISSED, AS BE ING WITHDRAWN. 3. IN THE RESULT, THE CROSS OBJECTION OF THE ASSESS EE IS DISMISSED, AS BEING WITHDRAWN. ORDER PRONOUNCED IN THE COURT ON 27 TH OCTOBER, 2020 AT AHMEDABAD. SD/- SD/- (WASEEM AHMED ) ACCOUNTANT MEMBER (RAJPAL YADAV) VICE-PRESIDENT AHMEDABAD; DATED 27/10/2020 CO NO.03/AHD/2014 3 !' # $%& '!&$ / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ! / CONCERNED CIT 4. ! ( ) / THE CIT(A) 5. $%& '' , / DR, ITAT, 6. &)* + / GUARD FILE. !' ( ) / BY ORDER, */) +, ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD 1. DATE OF DICTATION- 27-10-2020 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S. - 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT .. 5. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK .. : 28-10-2020 6. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 7. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. DATE OF DESPATCH OF THE ORDER