M/s. Oceanic Buildcon Pvt.Ltd., Baroda V. The Income tax Officer,Ward-4(1), Baroda

ITA 1060/AHD/2013

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 9387 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 10 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-02-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 26-02-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 16-04-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SAMIR VAKIL
• Section: 143(3)

Judgement Text

I.T.A. NO.: 1060/AHD/201 3 ASSESSMENT YEAR: 2009 - 10 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, AHMEDABAD B BENCH, AHMEDABAD [CORAM : PRAMOD KUMAR AM AND KUL BHARAT JM] I.T.A. NO. : 1060/AHD/2013 ASSESSMENT YEAR : 2009 - 10 OCEANIC BUILDCON PVT LTD .APPELLANT GF1, CINE MALL RACE COURSE ROAD, BARODA 39000 7 [PAN: AAACO8023E ] VS. INCOME TAX OFFICER WARD 4 (1), VADODARA . RESPONDENT APPEARANCES BY: MUKUND BAKSHI FOR THE APPELLANT SAMIR VAKIL FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : FEBRUARY 26 , 2016 DATE OF PRONOUNCING THE ORDER : FEBRUARY 29 , 201 6 O R D E R PER PRAMOD KUMAR AM : 1. BY WAY OF THIS APPEAL, THE ASSESSEE APPELLANT HAS CHALLENGED CORRECTNESS OF THE ORDER DATED 16 TH JANUARY 2013 PASSED BY THE LEARNED CIT(A) IN THE MATTER OF ASSESSMENT UNDER SEC TION 143(3) OF THE INCOME TAX ACT, 1961, FOR THE ASSESSMENT YEAR 2009 - 10 2 . WHEN THIS WAS CALLED OUT, WE NOTICED THAT THE AMOUNT OF TAX INVOLVED IN THIS APPEAL IS ONLY RS 40,430. LEARNED COUNSEL FOR THE ASSESSEE FAIRLY SUBMITTED THAT HIS OBJECTION IS PR IMARILY ON THE CIT(A) S FINDINGS WITH RESPECT TO THE SUBSEQUENT YEARS. IT IS STATED THAT LEARNED CIT(A) HAS MADE CERTAIN OBSERVATIONS REGARDING THE MANNER IN WHICH THE INCOME EARNED BY THE ASSESSEE IS TO BE TREATED IN THE SUBSEQUENT ASSESSMENT YEARS AS WE LL. IT IS PRIMARILY FOR THIS REASON THAT THE ASSESSEE IS HERE IN APPEAL BEFORE US. I.T.A. NO.: 1060/AHD/201 3 ASSESSMENT YEAR: 2009 - 10 PAGE 2 OF 2 3. LEARNED DEPARTMENTAL REPRESENTATIVE RELIED ON THE ORDERS OF THE AUTHORITIES BELOW. 4. HAVING HEARD THE RIVAL CONTENTIONS AND HAVING PERUSED THE MATERIAL ON RECORD, WE FIND OURSELVES IN AGREEMENT WITH THE LEARNED COUNSEL THAT THE CIT(A) HAS INDEED MADE CERTAIN OBSERVATIONS WHICH PRE - EMPT THE CASE OF THE ASSESSEE FOR THE SUBSEQUENT ASSESSMENT YEARS AS WELL. WE, THEREFORE, MAKE IT CLEAR THAT THE OBSERVATIONS MADE BY THE CI T(A), SO FAR AS PERIOD OUTSIDE THE ASSESSMENT YEAR 2009 - 10 IS CONCERNED, ARE DEVOID OF ANY BASIS AND STAND VACATED. A FRESH CALL ON MERITS WILL HAVE TO BE TAKEN FOR THE ASSESSMENT YEARS, UNINFLUENCED BY THE STAND TAKEN BY THE CIT(A) IN THE ASSESSMENT YEAR 2009 - 10, AND THE OBSERVATIONS IN THIS ORDER, TO THAT EXTENT, STAND EXPUNGED. LEARNED COUNSEL, IN THIS BACKGROUND, DOES NOT PRESS THE GROUND OF APPEAL ON MERITS AND HE IS CONTENT WITH THE UNWARRANTED OBSERVATIONS OF THE CIT(A) BEING HELD TO BE DEVOID OF LEG AL FORCE. 6. IN THE RESULT, THE APPEAL IS ALLOWED ONLY IN THE TERMS INDICATED ABOVE . PRONOUNCED IN THE OPEN COURT TODAY ON 29 TH D AY OF FEBRUARY, 2016. SD/ - SD/ - KUL BHARAT PRAMOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) DATED: THE 29 TH DAY OF FEBRUARY ,2016 . COPIES TO : (1) THE APPELLANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER ETC ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BE NCHES, AHMEDABAD