Sidhath Constructio.Co.Ltd., Lucknow V. DY.CIT, Lucknow

ITA 1036/ALLD/1993

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 80589 (ITAT-ALLAHABAD)
• Duration Of Justice: 21 year(s) 3 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-08-2014
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 14-08-2014
• Assessment Year: 1990-1991
• Appeal Filed On: 13-05-1993
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: T P SHUKLA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, ALLAHABAD BENCH, ALLAHABAD BEFORE : SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI B.C. MEENA, ACCOUNTANT MEMBER ITA NO. 1036/ALLD./1993 ASSTT. YEAR : 1990-91 M/S. SIDHARTH CONSTRUCTION CO. PVT. LTD., VS. D.C. I.T.(ASSTT.) SPECIAL, 5 PARK ROAD, HAZRATGANJ, LUCKNOW. RANGE-II, LUCK NOW. (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI T.P. SHUKLA, SR. DR ORDER U/S. 260(1) OF THE I.T. ACT PER BHAVNESH SAINI, J.M.: IN REFERENCE NO. 173(ALLD.)/1994, ARISING OUT OF ORDER DATED 26.07.1994 IN ITA NO. 1036(ALLD.) OF 1993 FOR THE ASSESSMENT YEAR 1990-91, FOLLOWING QUESTION HAD BEEN REFERRED TO THE HONBLE ALLAHABAD HIGH COU RT FOR CONSIDERATION : WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF TH E CASE THE LD. TRIBUNAL WAS LEGALLY CORRECT IN HOLDING THAT TH E ADJUSTMENT MADE IN THE RETURNED INCOME ON ACCOUNT OF THE CLAIM UNDE R SECTION 80 M OF THE I.T. ACT WAS BEYOND THE SCOPE OF THE PROVISIONS OF SECTION 143(1)(A) OF THE I.T. ACT, 1961. 2. HONBLE ALLAHABAD HIGH COURT VIDE ITS JUDGMENT D ATED 09.09.2013 DECIDED THE QUESTION REFERRED IN FAVOUR OF THE REVENUE AND AGAINST THE ASSESSEE. ITA NO.1036/ALLD./1993 2 3. IN CONFORMITY WITH THE JUDGMENT OF HONBLE ALLAH ABAD HIGH COURT, THE APPEAL OF THE ASSESSEE STANDS DISMISSED. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 14.08.2014. SD/- SD/- (B.C. MEENA) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATE : 14 TH AUGUST, 2014 *AKS/- COPY OF THE ORDER FORWARDED TO : 1. APPELLANT BY ORDER 2. RESPONDENT 3. CIT(A), CONCERNED ASSTT. REGISTRAR 4. CIT, CONCERNED 5. DR, ITAT, ALLAHABAD 6. GUARD FILE TRUE COPY