M/s. Bhagat Textile Engineers, U T OF D & NH V. The Income tax Officer, Vapi Ward-1, Vapi

CO 74/AHD/2009

• Counselvise Citation: [2011] 122 COUNSELVISE.COM (IT) 6510 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 6 month(s) 24 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 29-11-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 29-11-2011
• Assessment Year: 2005-2006
• Appeal Filed On: 05-05-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: S N SOPARKAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH AHMEDABAD (BEFORE SHRI G. D. AGARWAL, VP AND SHRI MUKUL KUMAR SHRAWAT,JM) C. O. NOS. 74 AND 75/AHD/2009 (IN ITA NOS. 294 AND 986/AHD/2009 - A. Y.: 2005-06 AND 2006-07) BHAGAT TEXTILE ENGINEERS, 122/6, GROUND FLOOR, VAGHDHARA, DADRA, U. T. OF DADRA AND NAGAR HAVELI VS THE INCOME TAX OFFICER, VAPI WARD 1, INCOME TAX OFFICE, 2 ND FLOOR, SHIVAM COMMERCIAL COMPLEX, N. H. NO.8, VAPI PA NO. AAFFB 8401 R (CROSS OBJECTOR) (RESPONDENT) CROSS OBJECTOR BY SHRI S. N. SOPARKAR, AR RESPONDENT BY SHRI SAMIR TEKRIWAL, SR. DR DATE OF HEARING: 29-11-2011 DATE OF PRONOUNCEMENT: 29-11-2011 O R D E R PER BENCH: THESE TWO CROSS OBJECTIONS FILED BY THE ASSESSEE ARISING FROM THE ORDERS OF LEARNED CIT(A) FOR AY 2005-06 AND 2006-07 ARE RESPECTIVELY DATED 26-11-2008 AND 3 0-01-2009. THE RESPONDENT ASSESSEE HAS SIMPLY SUPPORTED THE JUDGME NT OF THE LEARNED CIT(A) AS IS EVIDENT FROM THE IDENTICALLY W ORDED GROUNDS OF THE CROSS OBJECTIONS, FOR READY REFERENCE REPRODUCE D BELOW: 1. ON THE FACT AND IN THE CIRCUMSTANCES OF THE CAS E AND IN LAW THE LD. CIT(A) HAS RIGHTLY TREATED THE ACTIVITY AS MANUFACTURING ACTIVITY AND ALLOWED THEE CLAIM OF 80 IB TO THE ASSESSEE. 2 2. ON THE FACT AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE ORDER OF THE LD. AO IS NOT ENTITLED TO BE RESTORED. 3. YOUR RESPONDENT CRAVES TO ADD, AMEND, ALTER, CHA NGE, DELETE OR SUBSTITUTE, ANY GROUNDS OF APPEAL AT THE TIME OF HEARING OF CROSS OBJECTION 2. SINCE NO LEGAL ISSUE HAS BEEN RAISED AND NO PRE JUDICE IS GOING TO BE CAUSED AGAINST THE ASSESSEE, THEREFORE, IT WA S FELT NOT TO KEEP THESE TWO CROSS OBJECTIONS ANY MORE PENDING BEFORE THE TRIBUNAL. HENCE, THE LEARNED AR HAS FAIRLY EXPRESSED TO WITHD RAW THE SAME. 3. IN THE RESULT, THESE TWO CROSS OBJECTIONS OF THE ASSESSEE ARE, THEREFORE, DISMISSED BEING WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (G. D. AGARWAL) VICE PRESIDENT (MUKUL KR. SHRAWAT) JUDICIAL MEMBER LAKSHMIKANT/- COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A) CONCERNED 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE BY ORDER D Y. REGISTRAR, ITAT, AHMEDABAD