Assistant Commissioner of Income Tax, Jabalpur V. M/s Anand Minning Corporation, Jabalpur

ITA 107/JAB/2013

• Counselvise Citation: 10722914 RSA 2013
• Duration Of Justice: 1 year(s) 10 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-02-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 10-02-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 25-04-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ABHISHEK SHUKLA
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, JABALPUR BENCH, JABALPUR BEFORE SHRI I.C. SUDHIR, JUDICIAL MEMBER AND SHRI PRAMOD KUMAR, ACCOUNTANT MEMBER ITA NO.107/JAB/2013 ASSESSMENT YEAR: 2009-10 ASSTT. COMMISSIONER OF INCOME TAX, VS. M/S ANAND MI NING CORPORATION, CIRCLE 1(1), JABALPUR. KHITOLA BAZAR, SIHORA, JABALPUR. (PAN AAGFA 0187 Q). C.O. NO.14/JAB/2013 (IN ITA NO.107/JAB/2013 ASSESSMENT YEAR: 2009-10 M/S ANAND MINING CORPORATION, VS. ASSTT. COMMISSION ER OF INCOME TAX, KHITOLA BAZAR, SIHORA, CIRCLE 1(1), JABALPUR. JABALPUR. (PAN AAGFA 0187 Q). (APPELLANTS) (RESPONDENTS) REVENUE BY : SHRI ABHISHEK SHUKLA ASSESSEE BY : SMT. POONAM JAIN DATE OF HEARING : 11.02.2015 DATE OF PRONOUNCEMENT : 27.02.2015 ORDER PER PRAMOD KUMAR, ACCOUNTANT MEMBER: THIS APPEAL FILED BY THE ASSESSING OFFICER, AS ALSO CROSS OBJECTION FILED BY THE ASSESSEE, ARE DIRECTED AGAINST THE ORDER DATED 30.08.2012 PASSED BY THE LD. CIT(A), JABALPUR IN THE MATTER OF ASSESSMENT UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961, FOR THE ASSESSMENT YEAR 2009-10. 2 ITA NO.107/JAB/2013 & C.O. NO.14/JAB/2013 A.Y. 2009-10 2. ON THE APPEAL FILED BY THE ASSESSING OFFICER, TH E FOLLOWING GRIEVANCE IS RAISED :- 1. THE CIT(A) HAS ERRED IN ALLOWING THE RELIEF ON ACCOUNT OF DISALLOWANCE OF PART OF OVER-BURDEN REMOVAL EXPENSE S OF RS.15,67,761/-. 3. LEARNED REPRESENTATIVES FAIRLY AGREE THAT THE IS SUE IS COVERED, IN FAVOUR OF THE ASSESSEE, BY TRIBUNALS ORDER DATED 31.07.2012 IN ASSESSEES OWN CASE AND THAT THE COMMISSIONER OF INCOME TAX (APPEALS) HAS MERELY FOLLOWED THE SAME. LEARNED DEPARTMENTAL REPRESENTATIVE, HOWEVER, VEHEM ENTLY RELIES UPON THE STAND OF THE ASSESSING OFFICER. 4. WE SEE NO REASONS TO TAKE ANY OTHER VIEW OF THE MATTER THAN THE VIEW SO TAKEN BY US IN ASSESSEES OWN CASE FOR OTHER ASSESS MENT YEARS. NO DISTINGUISHING FACTORS HAVE BEEN POINTED OUT BY THE LEARNED DEPART MENTAL REPRESENTATIVE. IN THIS VIEW OF THE MATTER, AND RESPECTFULLY FOLLOWING THE SAID ORDERS, WE UPHOLD THE CONCLUSION ARRIVED AT BY THE LD. COMMISSIONER OF IN COME TAX (APPEALS) AND DECLINE TO INTERFERE IN THE MATTER. 5. IN THE RESULT, THE APPEAL OF THE ASSESSING OFFIC ER IS DISMISSED. 3 ITA NO.107/JAB/2013 & C.O. NO.14/JAB/2013 A.Y. 2009-10 6. AS FOR THE CROSS OBJECTION FILED BY THE ASSESSEE , LD. COUNSEL FOR THE ASSESSEE DID NOT PRESS THE SAME. ACCORDINGLY, THE CROSS OBJ ECTION IS DISMISSED AS NOT PRESSED. 7. IN THE RESULT, THE REVENUES APPEAL, AS ALSO ASS ESSEES CROSS OBJECTION, ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 2 7.02.2015. SD/- SD/- (I.C. SUDHIR) (PRAMOD KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER DATE: 27.02.2015 PBN/* COPY OF THE ORDER FORWARDED TO :- 1) APPELLANT 2) RESPONDENT 3) CIT (APPEALS) CONCERNED 4) CIT CONCERNED 5) D.R., ITAT, JABALPUR BENCH, JABALPUR 6) GUARD FILE. BY ORDER, ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL, JABALPUR