The DCIT, Circle-2, JUNAGADH V. Shri Jayesh Dinkarrai Davda, RAJKOT-GUJARAT

ITA 148/RJT/2011

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 62788 (ITAT-RAJKOT)
• Duration Of Justice: 1 year(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-04-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 19-04-2012
• Assessment Year: 2004-2005
• Appeal Filed On: 19-04-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MK SINGH
• Assessee Lawyers: DM RINDANI
• Keywords: Tax effect

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL: RAJKOT BENCH, RAJKOT BEFORE SHRI T.K. SHARMA, JM AND SHRI D.K. SRIVASTAV A, AM ITA NO 148/RJT/2011 (ASSESSMENT YEAR 2004-05) THE DCIT V. SHRI JAYESH DINKARRAI DAVDA CIRLE-2, JUNAGADH PROPRIETOR OF NILAM TEA CORNE R TOWER ROAD, DANA BAZAR AMRELI DATE OF HEARING : 19-04-2012. DATE OF PRONOUNCEMENT : 27-04-2012. REVENUE BY: SHRI M. K. SINGH, D.R ASSESSEE BY: SHRI D.M. RINDANI, C.A. . O R D E R D K SRIVASTAVA: THE APPEAL FILED BY THE DEPARTMENT IS DIRECTED AGAINST THE ORDER PASSED BY THE COMMISSIONER OF INCOME-TAX (APP EALS)-XXI, AHMEDABD ON 18- 02-2011, ON THE FOLLOWING GROUNDS:- 1. THE LD. CIT(A), HAS ERRED IN LAW AND ON FACTS D ELETING THE ADDITION OF RS.5,71,297/- MADE BY THE AO ON ACCOUNT OF UNRECORD ED SALES, WITHOUT APPRECIATING THE FACTS BROUGHT ON RECORD. 2. THE LD. CIT(A), HAS ERRED IN LAW AND ON FACTS DE LETING THE ADDITION OF RS.2,56,375/- MADE BY THE AO ON ACCOUNT OF THE VAL UE OF EXCESS TOCK FOUND DURING SURVEY WITHOUT APPRECIATING THE FACTS BROUGHT ON RECORD. 3. THE LD. CIT(A), HAS ERRED IN LAW AND ON FACTS DE LETING THE ADDITION OF RS.11,409/- MADE BY THE AO ON ACCOUNT OF CASH DISCR EPANCY FOUND DURING THE SURVEY WITHOUT APPRECIATING THE FACTS BR OUGHT ON RECORD. 4. THE LD. CIT(A), HAS ERRED IN LAW AND ON FACTS DE LETING THE ADDITION OF RS.55,341/- MADE BY THE AO ON ACCOUNT OF PROPORTION AL INTEREST, WITHOUT APPRECIATING THE FACTS BROUGHT ON RECORD. 5. ON THE FACTS OF THE CASE AND IN LAW THE LD. CIT( A) OUGHT TO HAVE UPHELD THE ORDER OF THE AO. 6. ANY OTHER GROUND THAT THE REVENUE MAY RAISE BEFO RE OR DURING HEARING PROCEEDINGS BEFORE THE HONBLE ITAT. 7. IT IS THEREFORE, PRAYED THAT THE ORDER OF THE CI T(A)-XXI, AHMEDABAD MAY KINDLY BE SET-ASIDE AND THAT OF ASSESSING OFFIC ER BE RESTORED. 2. AT THE TIME OF HEARING, THE LD. AUTHORIZED REPRE SENTATIVE FOR THE ASSESSEE SUBMITTED THAT THE APPEAL FILED BY THE REVENUE ON 1 9-04-2011 BEFORE THIS TRIBUNAL WAS NOT MAINTAINABLE INASMUCH AS THE TAX EFFECT INV OLVED WAS JUST BELOW RS.3 ITA NO 148/RJT/2011. 2 LAKHS. THE LD. DEPARTMENTAL REPRESENTATIVE SUPPORTE D THE AFORESAID SUBMISSION MADE BY THE LD. AUTHORIZED REPRESENTATIVE FOR THE A SSESSEE. THUS BOTH THE PARTIES AGREE THAT THE APPEAL FILED BY THE REVENUE IS NOT M AINTAINABLE FOR THE AFORE-STATED REASON. IN THIS VIEW OF THE MATTER, THE APPEAL FILE D BY THE DEPARTMENT IS HELD TO BE NOT MAINTAINABLE AND IS ACCORDINGLY DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 27 -04-201 2 SD/- SD/- (T K SHARMA) (D K SRIVASTAVA) JUDICIAL MEMBER ACCOUNTANT M EMBER DT: 27-04-2012. RAJKOT, NVA/- COPY TO: 1. SHRI JAYESH DINKARRAI DAVDA, AMRELI. 2. THE D. C. I.T., CIRCLE-2, JUNAGADH. 3. THE CIT., RAJKOT-III, RAJKOT. 4. THE CIT (A)-XXI, AHMEDABAD.. 5. THE DR, I.T.A.T., RAJKOT 6. THE GUARD FILE. (TRUE COPY) BY ORDER ASSTT.REGISTRAR, ITAT, RAJKOT