Velji P. & Sons, PORBANDAR V. The Assistant Commissioner of Income Tax, Circle-2, JAMNAGAR

CO 40/RJT/2012

• Counselvise Citation: [2012] 122 COUNSELVISE.COM (IT) 8163 (ITAT-RAJKOT)
• Duration Of Justice: 1 month(s) 1 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 14-12-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 10-12-2012
• Assessment Year: 2006-2007
• Appeal Filed On: 12-11-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: AVINASH KUMAR
• Assessee Lawyers: MJ RANPURA

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBULAL; RAJKOT BENCH, RAJKOT. . . , . . , BEFORE SHRI T. K. SHARMA, JM AND SHRI B. R. JAIN AM IT A N O. 54 3 /RJT/201 2 / ASSESSMENT YEAR 200 6 - 07 A SSISTANT COMMISSIONER OF INCOME - TAX, CIR CLE - 2, JAMNAGAR. ( / APPELLANT) VELJI P. & SONS, HARI BHUVAN, S.T. ROAD, PORBANDAR. PAN NO. AA BFV8015H / RESPONDENT C.O . NO. 40 /RJT/2012 / ASSESSMENT YEAR 2006 - 07 VELJI P. & SONS, HARI BHUVAN, S.T. ROAD, PORBANDAR. PAN NO. AABFV8015H ( / APPELLANT) ASSISTANT COMMISSIONER OF INCOME - TAX, CIRCLE - 2, JAMNAGAR. / RESPONDENT / REVENUE BY SHRI AVINASH KUMAR, D. R. / ASSESSEE BY SHRI M. J. RANPURA, C.A. / DATE OF HEARING 1 0 - 12 - 20 12 / DATE OF PRONOUNCEMENT 14 - 1 2 - 2012 / ORDER . . , / T. K. SHARMA, J. M. : THIS APPEAL BY THE REVENUE AND CROSS OBJECTION BY THE ASSESSEE ARE A GAINST THE ORDER DATED 16 - 0 8 - 201 2 OF CIT (A) , JAMNAGAR FOR THE ASSESSMENT YEAR 200 6 - 07. 2. THE GROUNDS RAISED BY REVENUE IN ITS APPEAL ARE AS UNDER: - ITA 543 & CO 40 /RJT/201 2 2 1. THE CIT(A) ERRED IN LAW AND ON FACTS IN DELETING THE ADDITION OF RS.13,58,019/ - MADE BY THE AO U/S.40(A)(IA) OF THE ACT ON ACCOUNT OF SHORT DEDUCTION / NON DEDUCTION OF TAX AT SOURCE. 2. THE CIT(A) ERRED IN LAW AND ON FACTS IN HOLDING THAT THE PROVISIONS OF SECTION 40(A)(IA) IS APPLICABLE TO NON - DEDUCTION OF TAX OR NON - PAYMENT OF TAX AND THE SAME ARE NOT APPLICABLE TO THE SHORT DEDUCTION OF TAX. 3. THE CIT(A) ERRED IN LAW AND ON FACTS IN NOT APPRECIATION THE FACT THAT THE REVENUE HAS NOT ACCEPTED THE DECISION OF THE ITAT IN SETTING ASIDE THE ORDER OF THE CIT, JAMNAGAR PASSED U/S.263 OF THE ACT AND HAS ALREADY PREFERRED AN APPEAL U/S.260A OF THE ACT BEFORE THE HONOURABLE GUJARAT HIGH COURT IN THE MATTER. 3. WE HAVE HEARD BOTH SIDES. IT IS PERTINENT TO NOT THAT ORDER U/S.263 OF THE I.T. ACT HAS BEEN QUASHED BY ITAT, RAJKOT BENCH VIDE ORDER DATED 06 - 01 - 2012. THEREFORE, LD. CIT(A) IN THE IMPUGNED ORDER IS LEGALLY AND FACTUALLY CORRECT IN QUASHING THE ASSESSMENT FRAMED U/S.143(3), R.W.S.263 OF THE I.T. ACT, 1961. WE TH EREFORE, INCLINED TO UPHELD THE ORDER OF LD. CIT(A). 4. THE ONLY GROUND OF CROSS - OBJECTION IS AS UNDER: - 1. THE ORDER PASSED BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS), JAMNAGAR [CIT(A)] WAS FULLY JUSTIFIED IN HOLDING THAT HON BLE INCOME TAX APPELLA TE TRIBUNAL, RAJKOT BENCH, RAJKOT [ITAT] HAS QUASHED ORDER U/S.263 OF THE ACT DATED 29.03.2011 ON THE BASIS OF WHICH THE ORDER U/S.143(3) R.W.S. 263 OF THE ACT DATED 28.11.2011 WAS PASSED, THE ASSESSMENT ORDER UNDER CONSIDERATION IS VOID AB INITIO NO APPEA L COULD HAVE BEEN FILED AND HIS FINDING BASED ON THE ORDER OF THE HON BLE ITAT, DESERVES TO BE UPHELD AND MAY KINDLY BE UPHELD. ITA 543 & CO 40 /RJT/201 2 3 5. WE HAVE HEARD BOTH SIDES. IN VIEW OF OUR DECISION IN REVENUE S APPEAL, THE CROSS OBJECTION FILED BY THE ASSESSEE IS RENDERE D INFRUCTU OUS T HEREFORE, SAME IS DISMISSED. 6 . IN THE RESULT, THE APPEAL OF THE REVENUE AS WELL AS CROSS - OBJECTION FILED BY THE ASSESSEE ARE DISMISSED. THIS ORDER PRONOUNCED IN OPEN COURT ON THE DATE MENTIONED HEREINABOVE. SD/ - SD/ - ( B. R. JAIN ) ( . . / T. K. SHARMA) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / ORDER DATE 14 - 12 - 2012. /RAJKOT NVA/ - / COPY OF ORDER FORWARDED TO: - 1. / APPELLANT - A SSISTANT C OMMISSIONER OF INCOME - TAX, CIR - 2 , JAMNAGAR 2. / RESPONDENT - VELJI P. & SONS, PORBANDAR. 3. / CONCERNED CIT , JAMNAGAR 4. - / CIT (A) , JAMNAGAR. 5. , , / DR, ITAT, RAJKOT 6. / GUARD FILE. / BY ORDER , TRUE COPY A S STT. REGISTRAR , INCOME TAX APPELLATE TRIBUNAL, RAJKOT.