Krishna Terine Prints Pvt.Ltd., Ahmedabad V. The Income tax Officer,Ward-1(3), Ahmedabad

ITA 1076/AHD/2008

• Counselvise Citation: [2011] 135 COUNSELVISE.COM (IT) 2431 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 9 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-01-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 10-01-2011
• Assessment Year: 2005-2006
• Appeal Filed On: 25-03-2008
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: U S BHATI
• Keywords: Rejection of books of accounts

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH AHMEDABAD BENCH AHMEDABAD BENCH AHMEDABAD BENCH C CC C BEFORE BEFORE BEFORE BEFORE SHRI SHRI SHRI SHRI N NN N. .. .S. SAINI S. SAINI S. SAINI S. SAINI, , , , ACCOUNTANT MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER AND AND AND AND SHRI SHRI SHRI SHRI MAHAVIR SINGH, JUDICIAL MEMBER MAHAVIR SINGH, JUDICIAL MEMBER MAHAVIR SINGH, JUDICIAL MEMBER MAHAVIR SINGH, JUDICIAL MEMBER DATE OF HEARING : 11-1-11 DRAFTED ON: 11-1-2011 ITA NO. 1076 /AHD/ 2008 ASSESSMENT YEAR :2005-06 KRISHNA TERINE PRINTS PVT. LKTD., BLOCK NO.213, NR. PRIYA DYEING& PRINTING MILLS, KAODDARA,TAL. PALSANA, DIST.SURAT. VS. INCOME TAX OFFICER, WARD 1(3), AAYAKAR BHAVAN, MAJURA GATE, OPP. NEW CIVIL HOSPITAL, SURAT. PAN/GIR NO. : AABCK 7992 H (A PPE LLANT ) .. ( RESPONDENT ) APPELLANT BY : SHRI U. S. BHATI. RESPONDENT BY: SHRI DILIP KUMAR, D.R. O R D E R O R D E R O R D E R O R D E R PER N.S.SAINI , ACCOUNTANT MEMBER :- THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST TH E ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-I, SURAT DATED 22-1-2008. 2. IN GROUND NO.1 OF THE APPEAL THE ASSESSEE HAS CH ALLENGED THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) UP HOLDING THE REJECTION OF BOOKS OF ACCOUNTS BY THE LEARNED ASSESSING OFFICER. 3. AT THE TIME OF THE HEARING THE AUTHORISED REPRES ENTATIVE OF THE ASSESSEE SUBMITTED THAT THE ABOVE GROUND OF APPEAL WAS NOT R AISED BEFORE THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS). BUT IT IS PUR ELY A LEGAL GROUND AND THEREFORE CAN BE TAKEN FOR THE FIRST TIME BEFORE TH E TRIBUNAL. HOWEVER, HE SUBMITTED THAT HE HAS NO OBJECTION IN RESTORING THI S GROUND TO THE FILE OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) FOR AD JUDICATING THE SAME. THE LEARNED DEPARTMENTAL REPRESENTATIVE HAS ALSO SUBMIT TED THAT AS THIS GROUND OF APPEAL HAS NOT BEEN DECIDED BY THE LEARNED COMMI SSIONER OF INCOME TAX (APPEALS) IT SHOULD BE FIRST DECIDED BY THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS). WE THEREFORE RESTORE THE GROUND OF APPEAL CHALLENGING THE PAGE 2 OF 2 REJECTION OF BOOKS OF ACCOUNTS BY THE LEARNED ASSES SING OFFICER TO THE FILE OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) FO R ADJUDICATING THE SAME. 4. IN VIEW OF OUR ABOVE DECISION THE OTHER GROUND O F APPEAL OF THE ASSESSEE CHALLENGING THE ADDITION OF GROSS PROFIT WHICH DEPE NDS UPON THE OUTCOME OF THE GROUND NOI.1 IN THIS APPEAL, THIS GROUND IS ALSO RE STORED TO THE FILE OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) FOR AD JUDICATION AFRESH DEPENDING UPON THE OUTCOME OF THE FIRST GROUND OF A PPEAL IN THE APPEAL. 5. IN THE RESULT THE APPEAL OF THE ASSESSEE IS ALLO WED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE COURT AT THE CLOSE OF THE H EARING IN THE PRESENCE OF THE PARTIES ON 10 TH DAY OF JANUARY, 2011. SD/- SD/- ( MAHAVIR SINGH) (N.S. S AINI) JUDICIAL MEMBER A CCOUNTANT MEMBER DATED: AHMEDABAD,10 TH DAY OF JANUARY, 2011. COMPILED AND COMPARED BY: PATKI COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE LD. CIT(APPEALS)- 5. THE DR, AHMEDABAD BENCH 6. THE GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT.REGISTRAR), ITAT, AHMEDABAD DATE INITIALS 1. DRAFT DICTATED ON 10-1-2011 --------------- ---- 2. DRAFT PLACED BEFORE AUTHORITY 10-1-2011 ------ ------------- 3. DRAFT PROPOSED & PLACED 10-1-2011 ------------ ------- JM BEFORE THE SECOND MEMBER 4. DRAFT DISCUSSED/APPROVED 10-1-2011 ---------- --------- JM/AM BY SECOND MEMBER 5. APPROVED DRAFT COMES TO P.S 10-1-2011 --------- ----------- 6. KEPT FOR PRONOUNCEMENT ON 10-1-2011 ---------- ---------- 7. FILE SENT TO THE BENCH CLERK 11-1-2011 -------- ------------ 8. DATE ON WHICH FILE GOES TO THE ---------------- -------------------- 9. DATE OF DISPATCH OF ORDER ---------------- ---- -----------------