The ITO, Ward-9(2), Ahmedabad V. M/s. Manpasand Infrastructure, Ahmedabad

ITA 1514/AHD/2011

• Counselvise Citation: [2014] 120 COUNSELVISE.COM (IT) 6879 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 6 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-12-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 18-11-2014
• Assessment Year: 2008-2009
• Appeal Filed On: 27-05-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MK SINGH
• Keywords: Retrospective amendment

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD BEFORE SHRI MUKUL KR. SHRAWAT, JUDICIAL MEMBER AND SHRI ANIL CHATURVEDI ACCOUNTANT MEMBER ITA NO . 1514 /AHD/20 1 1 A. Y. 200 8 - 0 9 ITO WARD - 9(2), AHMEDABAD. VS M/S. MANPASAND INFRASTRUCTURE, 402, SA NGATH MALL - 1, OPP. DIGREE ENGINEERING CO. GANDHINAGAR HIGHWAY, SABARMATI, AHMEDABAD. PAN: AAPFM 1405N (APPELLANT) (RESPONDENT) REVENUE BY : SHRI M.K. SINGH , SR. D.R. , ASSESSEE(S) BY : NONE / DATE OF HEARING : 1 8 / 1 1 /201 4 / DATE OF PRONOUNCEMENT: 23 / 1 2 /201 4 / O R D E R PER MUKUL KUMAR SHRAWAT, JUDICIAL MEMBER THIS IS AN A PPEAL FILED BY THE REVENUE ARISING FROM THE ORDER OF THE L EA RNED CIT(A) - X V , AHMEDABAD , DAT ED 23 . 03 .201 1 AND THE GROUND RAISED IS REPRODUCED BELOW : 1. THE LD. CIT(A) - XV , AHMEDABAD, HAS ERRED IN LAW AND ON FACTS IN DELETING THE DISALLOWANCE OF RS.14,09,882/ - MADE BY THE ASSESSING OFFICER U/S.40(A)(IA) OF THE ACT. 2. IT IS WORTH TO MENTION T HAT ON THE DATE OF HEARING N ONE HAS APPEARED FROM THE SIDE OF THE RESPONDENT - ASSESSEE. WE HAVE PROCEED ED EX - PARTE QUA THE ASSESSEE AFTER HEARING LEARNED SR.D.R., MR. M.K. SINGH. ITA NO. 1514 /AHD/201 1 ITO, WARD - 9(2), AHMEDABAD VS. M/S. MANPASAND INFRASTRUCTURE FOR A.Y. 200 8 - 0 9 - 2 - 3. ACCORDING TO US, THE VIEW TAKEN BY LEARNED CIT( A) DESERVES TO BE CONFIRMED, RELEVANT PARAGRAPH IS REPRODUCED BELOW: 3. ONLY GROUND IS AGAINST DISALLOWANCE U/S.40(A)(IA) OF RS.17,91,854 / - . AFTER GOING THROUGH RIVAL SUBMISSIONS, THE A.O. IS DIRECTED TO DELETE THE ADDITION OF RS.14,09,882/ - MADE ON ACCOU NT OF SHREE CONSTRUCTION BECAUSE THIS WAS PAID BY THE APPELLANT TO THIS CONCERN ON 5.3.2008 AND IDS WAS DEPOSITED IN GOVERNMENT ACCOUNT ON 1.5.2008 WHICH IS BEFORE THE DATE OF FILING OF RETURN. HOWEVER, THE BALANCE ADDITIONS ON ACCOUNT OF PAYMENTS MADE TO LA SPANZIO OF RS.1,00,000/ - TO GUJARAT INSTITUTE OF HOUSING OF RS.2,24,720/ - , TO SHRI SHREE GANESH ENTERPRISE OF RS.32,252 / - AND TO AXIS OF RS.25,000 / - ARE UPHELD BECAUSE THE PAYMENTS WERE MADE BY THE APPELLANT TO THE AFOREMENTIONED PERSONS BEFORE MARCH, 2 008 AND T DS SHOULD HAVE BEEN DEPOSITED IN GOVERNMENT ACCOUNT BY 31.3.2008 WHEREAS IT WAS DEPOSITED ON 1.5.2008. 4. THE ISSUE OF APPLICABILITY OF THE PROVISIONS OF SECTION 40A(IA) IS NOW VERY WELL SETTLED BY SEVERAL HON BLE HIGH COURT, VIZ., SHANTI LOGIST ICS PVT. LTD., 208 TAXMAN.COM 41 (MADRAS) WHEREIN IT WAS HELD THAT IN VIEW OF THE AMENDMENT IN SECTION 40A(IA) BY FINANCE ACT, 2008 WITH RETROSPECTIVE EFFECT AS WELL AS CIRCULAR NO.1/2009 DATED 27.03.2009 THE PAYMENT IF MADE BEFORE THE DUE DATE OF THE FILI NG OF THE RETURN IS ALLOWABLE , T HEREFORE, WE ARE NOT INCLINED TO DISTURB THE FINDING OF LEARNED CIT(A). THIS GROUND OF THE REVENUE IS HEREBY DISMISSED. 5. IN THE RESULT, THE REVENUE S APPEAL IS DISMISSED. SD/ - SD/ - (ANIL CHATURVEDI ) ( MUKUL KR. SHRAWAT ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 23 / 1 2 / 20 1 4 PRABHAT KR. KESARWANI , SR. P . S . / COPY OF THE OR DER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ( ) / THE CIT(A) - III, AHMEDABAD 5. , , / DR, ITAT, AHMEDABAD ITA NO. 1514 /AHD/201 1 ITO, WARD - 9(2), AHMEDABAD VS. M/S. MANPASAND INFRASTRUCTURE FOR A.Y. 200 8 - 0 9 - 3 - 6. / GUARD FILE . / BY ORDER, / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD