M/s. Ishwar Arts, Surat V. The Income tax Officer,Ward-2(2), Baroda

ITA 1565/AHD/2011

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 94259 (ITAT-AHMEDABAD)
• Duration Of Justice: 4 year(s) 2 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-08-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 28-07-2015
• Assessment Year: 1996-1997
• Appeal Filed On: 03-06-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NARENDRA SINGHSR
• Assessee Lawyers: M K PATEL
• Keywords: Tax effect

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, AHMEDABAD BEFORE SHRI G.D. AGRAWAL, VICE PRESIDENT AND SHRI KUL BHARAT, JUDICIAL MEMBER ./ ITA NO. 1565/AHD/2011 / ASSESSMENT YEAR: 1996-97 M/S. ISHWAR ARTS, 12 PANORAMA COMPLEX, R.C . DUTT ROAD, BARODA. PAN AAEFM 1875 B VS. THE INCOME TAX OFFICER, WARD 2 (2) AAYAKAR BHAVAN, NR.RACE COURSE CIRCLE, BARODA. / (APPELLANT) / (RESPONDENT) ASSESSEE(S) BY : SHRI M.K. PATEL, A.R.. REVENUE BY : SHRI NARENDRA SINGH,SR. D.R. / DATE OF HEARING : 28-07-2015 / DATE OF PRONOUNCEMENT : 20-08-2015 / O R D E R PER G.D. AGRAWAL, VICE PRESIDENT: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-II, BA RODA DATED 10.02.2011 FOR ASSESSMENT YEAR 1996-97. 2. AT THE TIME OF HEARING BEFORE US, IT IS SUBMITTE D BY THE LD. COUNSEL THAT IN THIS APPEAL THE ONLY GROUND IS WITH REGARD TO THE DISALLOWANCE OF TRANSPORT EXPENSES AMOUNTING TO RS. 5,49,589/-. THE ASSESSED INCOME DESPITE THIS ADDITION IS LOSS OF RS .4,70,730/-. THE PERIOD OF CARRY-FORWARD OF THE LOSS IS ALREADY OVER AND THE ASSESSEE HAS NOT BEEN ABLE TO SET OFF THE LOSS ASSESSED BY THE A SSESSING OFFICER. ITA NO.1565/AHD/2011 M/S. ISHWAR ARTS FOR AY 1996-97 2 THEREFORE, WHETHER THE TRANSPORT EXPENSES IS ALLOWE D OR NOT HAS BECOME ACADEMIC IN NATURE SO FAR THE ASSESSEE IS CO NCERNED. HE THEREFORE, SUBMITTED THAT THOUGH THE ASSESSEE HAS A CTUALLY INCURRED THE TRANSPORT EXPENSES OF RS.4,7,0,730/- FOR THE PURPOS E OF ITS BUSINESS BUT SINCE THE TAX EFFECT OF THIS APPEAL IS NIL, THE ASS ESSEE DOES NOT WANT TO PURSUE THE APPEAL. 3. IN VIEW OF ABOVE THE APPEAL OF THE ASSESSEE IS D ISMISSED. 4. IN THE RESULT, ASSESSEES APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE COURT ON 20TH AUGUST, 2015 AT AHMEDABAD. - SD/- SD/- (KUL BHARAT) JUDICIAL MEMBER (G.D. AGRAWAL) VICE-PRESIDENT AHMEDABAD; DATED 20/08/2015 PATKI !'!# / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. !' # / CONCERNED CIT 4. # ( ) / THE CIT(A) 5. &'( ' , ' , ! / D R, ITAT, AHMEDABAD 6. (-. / GUARD FILE . / BY ORDER, TRUE COPY / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD