Shri.Massoud Ahmed Shahabuddin Shaikh , Gujarat V. Income TAx Officer Ward-5(3)(1), Bangalore

ITA 1302/BANG/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 5912 (ITAT-BANGALORE)
• Duration Of Justice: 1 year(s) 8 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 01-05-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2010-2011
• Appeal Filed On: 23-04-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: TSHERING ONGDA JDIT ISCI
• Section: 56

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : BANGALORE BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI A. K. GARODIA, ACCOUNTANT MEMBER ITA NO. 1302 /BANG/201 8 ASSESSMENT YEAR : 20 1 0 - 1 1 SHRI. MASSOUD AHMED SHAHABUDDIN SHAIKH, NO. 30, HUSENIYA NAGAR 2, JAMBUSAR ROAD, BHARUCH, GUJARAT 392 001. PAN : AQXPS 5072 K VS. THE INCOME-TAX OFFICER, WARD 5(3)(1), BENGALURU. APPELLANT RESPONDENT ASSESSEE BY : NONE REVENUE BY : SHRI TSHERING ONGDA , J D IT (ISCI) DATE OF HEARING : 26 . 06 .201 8 DATE OF PRONOUNCEMENT : 28 . 06 .201 8 O R D E R PER SUNIL KUMAR YADAV, JUDICIAL MEMBER THIS APPEAL IS PREFERRED BY THE ASSESSEE AGAINST THE ORDER OF CIT(A), INTER ALIA , ON THE FOLLOWING GROUNDS: 1. IN VIEW OF THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) OUGHT TO HAVE DELETED THE ADDITION OF RS.2,65,000 MADE U/S. 56 AND YOUR APPELLANT PRAYS THAT THE SAME BE DELETED. 2. IN VIEW OF THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD. CIT(A) OUGHT TO HAVE DELETED THE ALLEGED COMMISSION RECEIPT OF RS.1,02,584 ADDED PURELY ON ITA NO. 1302/BANG/2018 PAGE 2 OF 2 THE BASIS OF 26AS. 3. SUCH OTHER RELIEF(S) TO WHICH THE APPELLANT MAY BE LAWFULLY ENTITLED TO. 2. THIS APPEAL CAME UP FOR HEARING ON 26.06.2018 BUT NONE APPEARED ON BEHALF OF THE ASSESSEE, DESPITE VALID SERVICE OF NOTICE OF HEARING. WE, THEREFORE, HAD NO OPTION BUT TO HEAR THE APPEAL EX-PARTE AND ACCORDINGLY REVENUE WAS HEARD. 3. WE HAVE CAREFULLY EXAMINED THE ORDER OF THE CIT(A) IN THE LIGHT OF THE RIVAL SUBMISSIONS AND WE FIND THAT CIT(A) HAD ADJUDICATED THE ISSUE RAISED BEFORE IT IN DETAIL AND SINCE WE DO NOT FIND ANY INFIRMITY THEREIN, WE CONFIRM HIS ORDER. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON 28 TH JUNE, 2018. SD/- SD/- BANGALORE. DATED: 28 TH JUNE, 2018. /NS/* COPY TO: 1. APPELLANTS 2. RESPONDENT 3. CIT 4. GUARD FILE BY ORDER SR. PRIVATE SECRETARY, ITAT, BANGALORE. (A. K. GARODIA) (SUNIL KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER