SHRI JIGNESH KUMAR SHAH, BILASPUR(CG) V. ACIT, CIRCLE- 1(1), BILASPUR(CG)

ITA 156/BIL/2013

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 8936 (ITAT-RAIPUR)
• Duration Of Justice: 4 year(s) 1 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-01-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 14-11-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: AMIT MALOO JAIN
• Section: 54B

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAIPUR BENCH , RAIPUR BEFORE : SHRI N.S.SAINI, ACCOUNTANT MEMBER AND SHRI PAV AN KUMAR GADALE, JUDICAL MEMBER ITA NO. 1 56 / RPR /20 1 3 ( ASSESSMENT YEAR S : 20 09 - 2010 ) JIGNESH KUMAR S H AH, PROP - SHAH JAWAHARA LAL JETHALAL JEWELLERS, SADAR BAZAR, BILASPUR(CG) V S ACIT, CIRCLE - 1(1), BILASPUR P AN NO. : A JGPS 0536 G (APPELLANT ) .. TSEDNEPSER ASSESSEE BY : SHRI AMIT MALOO JAIN, AR REVENUE BY : SHRI SANJAY KUMAR, DR DATE OF HEARING : 10 / 01 /201 8 DATE OF PRONOUNCEMENT 11 / 01 /201 8 / O R D E R PER SHRI N.S.SAINI , A M : TH IS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF THE CIT(A ), BILASPUR , DATED 26.07.2013 FOR THE ASSESSMENT YEAR 20 09 - 2010 . 2. THE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS OF APPEAL : - 1. ON THE FACTS & IN THE CIRCUMSTANCES OF THE CASE, THE LD.A.O.GROSSLY ERRED IN MAKING AN ADDITION OF RS.43,30,500/ - IN RESPECT OF AGRICULTURAL LAND U/S 54B OF THE INCOME TAX ACT,1961 AND LD.CIT[A],BILASPUR GROSSLY ERRED IN CONFIRMING THE SAM E WITHOUT APPRECIATING THE FACTS IN ITS RIGHT PERSPECTIVE. YOUR PETITIONER SUBMITS THAT SAME MAY KINDLY BE DELETED. 2. ON THE FACTS & IN THE CIRCUMSTANCES OF THE CASE, THE LD.A.O.FURTHER GROSSLY ERRED IN MAKING AN ADDITION OF RS.5,24,200/ - IN RESPECT OF EXPENDITURE U/S 40A(IA) ON ACCOUNT OF ADVERTISMENT AND LD.CIT[A],BILASPUR GROSSLY ERRED IN CONFIRMING THE SAME TO THE EXTENT OF RS.4,76,700/ - WITHOUT APPRECIATING THE FACTS IN ITS RIGHT PERSPECTIVE. YOUR PETITIONER SUBMITS THAT SAME MAY KINDLY BE DELETED. 3. ON THE FACTS & IN THE CIRCUMSTANCES OF THE CASE, THE LD.A.O.FURTHER GROSSLY ERRED IN MAKING AN ADDITION OF RS.50,000/ - IN RESPECT OF MISC BUSINESS EXPS (LIKE SHOP EXPS,PRINTING & STATIONERY ETC) AND LD.CIT[A], BILASPUR GROSSLY ERRED IN CONFIRMING THE SAME TO THE EXTENT OF RS.10,000/ - WITHOUT APPRECIATING THE FACTS IN ITS RIGHT ITA NO. 156 / RPR /201 3 2 PERSPECTIVE. YOUR PETITIONER SUBMITS THAT THE ABOVE EXPENDITURE BEING GENUINE AND INCIDENTAL TO THE BUSINESS DESERVES TO BE ALLOWED. 4. ANY OTHER GROUND MAY BE RAISED DURING TH E COURSE OF HEARING OF APPEAL WITH THE PERMISSION OF THE HON'BLE BENCH. 3. AT THE TIME OF HEARING THE AR OF THE ASSESSEE FILED AN APPLICATION SEEKING WITHDRAWAL OF THE APPEAL. 4. THE DR HAD NO OBJECTION TO THE WITHDRAWAL OF THE APPEAL OF THE ASSESSEE. 5 . THEREFORE, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. 6 . IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 11 / 01 /201 8 . SD/ - ( PAVAN KUMAR GADALE ) SD/ - (N. S. SAINI) / JUDICIAL MEMBER / ACCOUNTANT MEMBER RAIPUR ; DATED 11 /01/2018 . . / PKM , SENIOR PRIVATE SECRETARY / COPY OF THE ORDER FORWARDED TO : / BY ORDER, ( SENIOR PRIVATE SECRETARY ) INCOME TAX APPELLATE TRIBUNAL, RAIPUR 1. / THE APPELLANT - 2. / T HE RESPONDENT - 3. ( ) / THE CIT(A), 4. / CIT 5. , , RAIPUR / DR, ITAT, RAIPUR 6. / GUARD FILE. //TRUE COPY//