Dr. Agam Shrivastava, Baroda V. The Income Tax Officer, Ward-2(2), Baroda

ITA 1568/AHD/2014

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 6193 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 11 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-04-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 20-04-2017
• Assessment Year: 2006-2007
• Appeal Filed On: 19-05-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRASOON KABRA HEARING CONCLUDE
• Assessee Lawyers: ADITI

Judgement Text

ITA NO. 156 8 / AHD/201 4 ASSESSMENT Y EAR: 20 0 6 - 07 PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH, AHMEDABAD [CORAM: PRAMOD KUMAR AM AND S S GODARA JM] ITA NO. 156 8 /AHD/201 4 ASSESSMENT Y EAR : 20 0 6 - 07 DR. AGAM SHRIVASTAVA ..... .......... . APPELLANT URMI IMAGING CENTRE, 43A, SAMPA T RAO COLONY, ALKAPURI, VADODARA 390 007. [PAN: AFRPS 0431 F] VS. INCOME TAX OFFICER, WARD 2(2), BARODA. .. ......... RESPONDENT APPEARANCES BY ADITI FOR THE A PPELLANT PRASOON KABRA FOR THE R E SPONDENT HEARING CONCLUDED ON: 20.04. 2017 ORDER PRONOUNCED ON : 21 . 0 4 .2017 O R D E R PER PRAMOD KUMAR , AM: 1. BY WAY OF THIS APPEAL, THE ASSESSEE APPELLANT HAS CHALLENGED CORRECTNESS OF LEARNED CIT(A) S ORDER DATED 31 ST JANUARY 2014, IN THE MATTER OF ASSESSMENT UNDER SECTION 143( 3 ) OF THE I NCOME TAX ACT 1961, FOR THE ASSESSMENT YEAR 20 0 6 - 07 . 2. GRIEVANCES RAISED BY THE APPELLANT ARE AS FOLLOWS : - 1.00 ON THE FACTS AND CIRCUMSTANCES OF YOUR APPELLANT'S CASE A ND IN LAW, THE ID. CIT(A) ERRED IN CONFIRMING DISALLOW ANCE OF INTEREST AMOUNTING TO RS.2,93,195/ - CLAIMED U/S.36(1)(III) OF THE ACT ON ERRONEOUS PLEA THAT YOUR APPELLANT FAILED TO SUBSTANTIATE THAT BORROWED FUNDS WERE UTILISED FOR THE PURPOSE OF HIS PROFESSION. 1.01 YOUR APPELLANT PRAYS YOUR HONOUR TO HOLD SO NOW AND DIRECT THE LD. ASSESSING OFFICER TO DELETE DISALLOWANCE MADE. ITA NO. 156 8 / AHD/201 4 ASSESSMENT Y EAR: 20 0 6 - 07 PAGE 2 OF 3 2.00 ON THE FACTS AND CIRCUMSTANCES OF YOUR APPELLANT'S CASE AND IN LAW, THE LEARNED CIT(A) ERRED IN CONFIRMING DISALLOW ANCE TO 15% OF EXPENDITURE CLAIMED IN RESPECT OF USAGE OF MOTOR CAR BY YOUR APPELLANT ON ERRONEOUS PLEA THAT PERSONAL USE OF THE CAR CANNOT BE RULED OUT WITHOUT GIVING DUE REGARD TO THE NATURE OF PROFESSION CARRIED OUT BY YOUR APPELLANT. 2.0 1 YOUR APPELLANT PRAYS YOUR HONOUR TO HOLD SO NOW AND DIRECT THE LD. A SSESSING OFFICER TO DELETE DISALLOWANCE MADE. 3.00 ON THE FACTS AND CIRCUMSTANCES OF YOUR APPELLANT'S CASE AND IN LAW, THE ID. CIT(A) ERRED IN CONFIRMING DISALLOWANCE OF TELEPHONE EXPENSES ON ERRONEOUS PLEA THAT THERE IS NO MERIT IN SUBMISSIONS/ARGUMENTS MADE BY YOUR APPELLANT. 3 .0 1 YOUR APPELLANT PRAYS YOUR HONOUR TO HOLD SO NOW AND DIRECT THE LD. ASSESSING OFFICER TO DELETE DISALLOWANCE MADE. 3. VIDE OUR ORDER OF EVEN DA T E, WE HAVE REMITTED THE MATTER FOR THE IMMEDIATELY PRECEDING ASSESSMENT YEAR F OR FRESH ADJUDICATION BY THE LEARNED CIT (A). I N VIEW OF THIS DEVELOPMENT, AS LEARNED REPRESENTATIVES SUBMIT, IDEALLY T HIS MA T TER SHOULD ALSO BE RESTORED TO THE FILE OF THE LEARNED CIT(A) FOR FRESH ADJUDICATION . 4. WE HAVE ALSO NOTED THAT , SO FAR AS MAIN GRIEVANCE OF THE ASSESSEE I.E. AGAINST DISALLOWANCE OF RS.2,93,195/ - OUT OF INTEREST EXPENSES IS CONCERNED, THE LEARNED CIT(A) HAS GIVEN A FINDING TO THE EFFECT THAT THE APPELLANT HAS NOT OBJECTED TO THE CONTENTION OF THE ASSESSING O FFICER THAT OUT OF THE BORROWED FUNDS, A SUM OF RS.25,02,522/ - HAS NOT BEEN UTILISED AS ON 31 ST MARCH, 2006 FOR HIS PROFESSION . LEARNED COUNSEL DISPUTES THIS FACTUAL POSITION, AND GROUNDS OF APPEAL BEFORE THE LEARNED CIT(A) SPECIFICALLY CHALLENGE THIS FACTUAL FINDING OF THE A SSESSING O FFICER. CLEARLY, THEREFORE, THIS ISSUE WAS REQUIRED TO BE ADJUDICATED ON MERITS BY THE LEARNED CIT(A). IN VIEW OF THESE DISCUSSIONS, AS ALSO BEARING IN MIND ENTIRETY OF THE CASE, WE DEEM IT FIT AND PROPER TO REMIT THE ENTIRE MATTER TO THE FILE OF THE LEARNED C IT(A) FOR ADJUDICATION DENOVO BY WAY OF SPEAKING ORDER, IN ITA NO. 156 8 / AHD/201 4 ASSESSMENT Y EAR: 20 0 6 - 07 PAGE 3 OF 3 ACCORDANCE WITH THE LAW AND AFTER GIVING YET ANOTHER OPPORTUNITY OF HEARING TO THE ASSESSEE. WE DIRECT SO. 5 . IN THE RESULT, THE APPEAL IS ALLOWED FOR STATISTICAL PURPOSES. PRO NOUNCED IN THE OPEN COURT ON THIS THE 21 ST DAY OF APRIL , 2017 . SD/ - SD/ - S S GODARA PRAMOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) DATED: 21 ST DAY OF APRIL , 201 7 . PBN/* COPIES TO : (1) THE APPELLANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD