The ITO, Ward-9(4)., Ahmedabad V. M/s. Shreeji Corporation, Ahmedabad

ITA 1364/AHD/2011

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 85575 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 8 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-01-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 22-01-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 10-05-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DINESH SINGH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD A BENCH AHMEDABAD , BEFORE SHRI SHAILENDRA KUMAR YADAV, JUDICIAL MEMBER, AND SHRI N. S. SAINI, ACCOUNTANT MEMBER. ITA.NO.1364/AHD/2011 (ASSESSMENT YEAR:2007-08) THE I.T.O., WARD-9(4), AHMEDABAD APPELLANT VS. M/S. SHREEJI CORPORATION 40, VISHVA CITY, PART-2, CHANKYAPURI, GHATLODIA, AHMEDABAD RESPONDEN T PAN: AAVFS6687E /BY APPELLANT : SHRI DINESH SINGH, SR. D.R. /BY RESPONDENT : SHRI UMAIDSINGH BHATI, A.R. !'# /DATE OF HEARING : 22.01.2015 $%& !'# /DATE OF PRONOUNCEMENT :29.01.2015 I.T.A. NO. 1364/AHD/11 A.Y. 07-08 [I.T.O. VS. SHREEJI CORPORATION) PAGE 2 ORDER PER SHAILENDRA KUMAR YADAV, J.M: THIS APPEAL HAS BEEN FILED BY THE REVENUE AGAINST T HE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-XV, AHMEDABAD, DATED 9 TH MARCH, 2011 FOR A.Y. 2007-08 ON THE FOLLOWING GROUND: 1) THE LD. COMMISSIONER OF INCOME-TAX (A)-XV, AHMADABAD HAS ERRED IN LAW AND ON FACTS IN DELETING THE ADDITION OF RS.74,42,701/- MADE BY THE ASSESSIN G OFFICER ON ACCOUNT OF LESS TRANSPORT RECEIPTS SHOWN BY THE ASSESSEE. 2. ASSESSEE IS ENGAGED IN BUSINESS OF TRANSPORTATI ON. ASSESSING OFFICER MADE ADDITION OF RS.74,42,701/- A S TRANSPORT RECEIPT LESS. ASSESSING OFFICER OBSERVED THAT AS P ER TDS CERTIFICATE RECEIPTS WERE OF RS.1,86,61,420/- WHERE AS AS PER PROFIT AND LOSS ACCOUNT ONLY RS.1,12,18,719/-. 2.1 MATTER WAS CARRIED BEFORE THE FIRST APPELLATE A UTHORITY, WHEREIN VARIOUS CONTENTIONS WERE RAISED ON BEHALF O F ASSESSEE AND IN RESPONSE TO THE SAME CIT(A) CALLED FOR REMAN D REPORT. THE STAND OF ASSESSEE BEFORE CIT(A) HAS BEEN THAT A SSESSEE HAS SHOWN RECEIPTS FROM FOUR ACCOUNTS IN PROFIT AND LOS S ACCOUNT NAMELY FROM C&F ACCOUNT, TRUCK INCOME (CONTRACT), T RUCK INCOME (NON-CONTRACT) ACCOUNT AND CARTAGE, OCTROI A ND LABOUR ACCOUNT AND RECEIPTS IN THE CARTAGE, OCTROI AND LAB OUR ACCOUNT WERE SHOWN ONLY IN NET FIGURE. IT WAS STATED THAT THIS WAS THE I.T.A. NO. 1364/AHD/11 A.Y. 07-08 [I.T.O. VS. SHREEJI CORPORATION) PAGE 3 WAY PROFIT AND ACCOUNT HAD BEEN SUBMITTED TO THE DE PARTMENT WITH RETURN FOR LAST SEVERAL YEARS. AFTER CONSIDER ING THE SUBMISSION ON BEHALF OF ASSESSEE, CIT(A) OBSERVED T HAT WHILE FORMING AN OPINION THAT RECEIPTS OF ONLY RS.1,12,18 ,719/- HAD BEEN SHOWN ASSESSING OFFICER OVER LOOKED THE FACT T HAT THE RECEIPTS FROM CARTAGE, OCTROI AND LABOUR ACCOUNT SH OWN AT RS.3,43,160/- WERE ACTUALLY ONLY NET RECEIPT IN THI S ACCOUNT WHICH WAS PROVED BY ANNEXURE-C ENCLOSED WITH SUBMIS SION OF ASSESSEE DATED 24.05.2010 WHICH WAS FORWARDED TO AS SESSING OFFICER FOR REPORT. IF RECEIPTS FROM ALL ACCOUNT S ARE TAKEN THEN ASSESSEE HAS SHOWN FOLLOWING RECEIPTS TOTALING TO RS.2,83,32,296/- WHICH WAS EXPLAINED IN LETTER DATE D 24.05.2010 SENT TO ASSESSING OFFICER AND ALSO IN LE TTER DATED 17.01.2011 SUBMITTED TO CIT(A). IN THIS REGARD, PO SITION WAS CLARIFIED AS UNDER: S.NO. HEAD OF THE RECEIPT AMOUNT IN RS. 1 C&F ACCOUNT 7,23,256.00 2 TRUCK INCOME (CONTRACT) ACCOUNT 50,26,211.01 3 TRUCK INCOME (NON-CONTRACT) ACCOUNT 61,92,507.50 4 CARTAGE, OCTROI & LABOUR ACCOUNT 1,63,90,321.71 TOTAL GROSS RECEIPTS 2,83,32,296.22 IN THIS BACKGROUND, STAND OF ASSESSEE HAS BEEN THAT TDS HAS BEEN CLAIMED BY ASSESSEE OF RECEIPTS OF RS.1,86,61, 420/-. THUS, FROM THIS CIT(A) RIGHTLY OBSERVED THAT ASSESS EE WAS NOT SUPPRESSING ANY RECEIPTS. ACCORDINGLY, HE RIGHTLY DELETED THE ADDITION MADE BY ASSESSING OFFICER OF RS.74,42,701/ -. THIS I.T.A. NO. 1364/AHD/11 A.Y. 07-08 [I.T.O. VS. SHREEJI CORPORATION) PAGE 4 FACTUAL FINDING OF CIT(A) NEEDS NO INTERFERENCE FRO M OUR SIDE, WE UPHOLD THE SAME. 3. IN THE RESULT, APPEAL FILED BY REVENUE IS DISMIS SED. PRONOUNCED IN THE OPEN COURT ON THIS THE 29 TH DAY OF JANUARY, 2015. SD/- SD/- (N. S. SAINI) (SHAILENDR A KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBE R TRUE COPY S.K.SINHA ' ' ' ' !( !( !( !( )(&! )(&! )(&! )(&! / COPY OF ORDER FORWARDED TO:- 1. ,- / REVENUE 2. / ASSESSEE 3. 00! 1 / CONCERNED CIT 4. 1- / CIT (A) 5. (56 !, , / DR, ITAT, AHMEDABAD 6. 69: ;< / GUARD FILE. BY ORDER / ' , =/ 0, , ?