MAS Financial Services Limited, Ahmedabad V. The Dy.Commissioner of Income Tax,Circle-2(1)(2), Ahmedabad

CO 71/AHD/2016

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 1129 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 3 month(s) 3 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 10-09-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2012-2013
• Appeal Filed On: 06-06-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S K DEV
• Section: 14A

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI WASEEM AHMED, ACCOUNTANT MEMBER CROSS OBJECTION NO.71/AHD/2016 IN ./ ITA.NO.936/AHD/2016 / ASSTT. YEAR: 2012-2013 MAS FINANCIAL SERVICES LTD. 6, GROUND FLOOR, NARAYAN CHAMBERS, B/H PATANG HOTEL, ASHRAM ROAD, AHMEDABAD 380014. VS D.C.I.T. CIRCLE 2(1)(2), AHMEDABAD ! / (APPELLANT) '# ! / (RESPONDENT) ASSESSEE BY : NONE REVENUE BY : SHRI S.K. DEV, SR. D.R / DATE OF HEARING : 06/09/2018 / DATE OF PRONOUNCEMENT: 10/09/2018 $%/ O R D E R PER RAJPAL YADAV, JUDICIAL MEMBER: ON RECEIPT OF NOTICE IN THE REVENUES APPEAL ASSESS EE HAS FILED CROSS OBJECTION BEARING NO.71/AHD/2016 FOR ASSTT.YEAR 201 2-13. 2. THE APPEAL OF THE REVENUE BEARING NO.936/AHD/201 6 WAS DISPOSED OF BY THE TRIBUNAL ON 20/02/2018. SOMEHOW, AT THE TIME OF ADJUDICATING THE APPEAL ASSESSEE FAILED TO BRING TO THE NOTICE OF TH E TRIBUNAL ABOUT CROSS OBJECTION. IN THE CROSS OBJECTION, THE ASSESSEE HAS RAISED FOLLOWING GROUNDS. CO NO.71/AHD/2016 IN ITA NO.936/AHD/2016 FOR A.Y. 2012-13 2 1. THE LD.CIT(A) HAS CORRECTLY DELETED DISALLOWAN CE MADE BY THE AO OF RS.69,14,695/- UNDER SECTION 14A AFTER CONSIDERING ALL THE FACTS AND DOCUMENTARY EVIDENCES OF THE CASE. THEREFORE, ORDER OF LD.CIT(A) MAY BE DELETED. 2. THE RESPONDENT PRAYED BEFORE CIT(A) TO DELETE WH OLE DISALLOWANCE OF RS.81,81,545/- UNDER SECTION 14A (1266850 BY RESPON DENT ON THE SUE MOTO IN ITS RETURN OF INCOME AND 6914695 BY THE AO). CIT (A) HAS DELETED DISALLOWANCE ONLY TO THE EXTENT MADE BY THE AO. THE REFORE, IT IS PRAYED THAT REMAINING DISALLOWANCE UNDER SECTION 14A OF RS.1266 850/- MAY ALSO BE DELETED. 3. THE RESPONDENT CRAVES LEAVE TO AMEND OR ALTER AN Y GROUND OR ADD A NEW GROUND OF CROSS OBJECTIONS WHICH MAY BE NECESSARY. 3. IN RESPONSE TO THE NOTICE OF HEARING NO ONE HAS COME PRESENT BEFORE THE TRIBUNAL IN SPITE OF THE SERVICE OF NOTICE, THEREFO RE, WE PROCEED TO DECIDE THIS APPEAL EX PARTY QUO THE ASSESSEE. 4. WITH THE ASSISTANCE OF LD.D.R, WE HAVE GONE THRO UGH THE RECORD CAREFULLY. SUB-SECTION 4 OF SECTION 253 OF INCOME T AX ACT AUTHORIZEA RESPONDENT TO FILE A CROSS OBJECTION WITHIN 30 DAYS ON RECEIPT OF NOTICE IN THE APPEAL FILED BY THE APPELLANT. SUCH, CROSS OBJECTIO N WOULD BE FILED AGAINST ANY PART OF THE ORDER IMPUGNED IN THE APPEAL. A PER USAL OF THE GROUNDS WOULD INDICATE THAT ASSESSEE HAS NOT SHOWN ITSGRIEVANCESA GAINST ANY PART OF THE ORDER. THE ASSESSEE ITSELF MADE DISALLOWANCE OF RS. 12,66,850/- IN THE COMPUTATION OF INCOME.APART OF THE ABOVE LD.AO FURT HER MADE AN ADDITION OF RS.69,14,695/, THIS ADDITION STANDS DELETED, THEREF ORE, THERE WAS NO GRIEVANCE OF THE ASSESSEE WITH THE ORDER OF LD.CIT(A). IN THE CROSS OBJECTION, THE ASSESSEE HAS PLEADED THAT AMOUNT ADDED BACK BY ITSE LF OUGHT TO BE DELETED BUT THIS WAS NOT THE SUBJECT MATTER OF APPEAL BEFORE TH E LD.CIT(A), ON WHICH IT COULD BE CONSTRUED THAT ASSESSEE HAD ANY GRIEVANCES . CO NO.71/AHD/2016 IN ITA NO.936/AHD/2016 FOR A.Y. 2012-13 3 5. IN VIEW OF THE ABOVE DISCUSSION, WE ARE OF THE V IEW THAT THE CROSS OBJECTION FILED BY THE ASSESSEE ISNOT MAINTAINABLE AND ACCORDINGLY DISMISS. ORDER PRONOUNCED IN THE COURT ON 10/09/2018 AT AHME DABAD. -SD- -SD- (WASEEM AHMED) ACCOUNTANT MEMBER (RAJPAL YADAV) JUDICIAL MEMBER (TRUE COPY) AHMEDABAD; DATED 10/09/2018 MANISH $% & ''() *$)' / 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