The ITO, Ward-1(3), Ahmedabad V. Corona Remedies Pvt. Ltd., Ahmedabad

ITA 1734/AHD/2015

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 8085 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 5 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-11-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2010-2011
• Appeal Filed On: 12-06-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V K SINGH
• Assessee Lawyers: DIPAK SONI
• Section: 143(3)

Judgement Text

, - IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH D BEFORE SHRI S.S. GODARA, JUDICIAL MEMBER AND SHRI MANISH BORAD, ACCOUNTANT MEMBER ./ ITA NO.1734/AHD/2015 / ASSTT. YEAR: 2010-11 ITO, WARD-1(3) AHMEDABAD. VS. CORONA REMEDIES P.LTD. BLOCK-C MANDEAL BUSINESS PARK NR.GURU GOVIND GURUDWARA S.G. HIGHWAY,THALTEJ AHMEDABAD 380 059. PAN: AACCC 5173 F / (APPELLANT) / (RESPONDENT) REVENUE BY : SHRI V.K. SINGH, SR.DR ASSESSEE BY : SHRI DIPAK SONI, AR ! / DATE OF HEARING : 05/11/2017 '#$ ! / DATE OF PRONOUNCEMENT: 30 /11/2017 %& / O R D E R PER S.S.GODARA, JUDICIAL MEMBER: THIS REVENUES APPEAL FOR ASSTT.YEAR 2010-11 IS AGA INST LD.CIT(A)-1S, AHMEDABAD ORDER DATED 11.3.2015 PASS ED IN CASE NO.CIT(A)-VI/WD.1(3)/35/2013-14 IN PROCEEDING UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT THE A CT). 2. REVENUES SOLITARY SUBSTANTIAL GROUND RAISED IN THIS CASE SEEKS TO REVERSE THE LD.CIT(A)S ACTION IN DELETING DISALLOWANCE/ ITA NO.1734/AHD/2015 2 ADDITION OF RS.62,64,038/- BEING DIFFERENCE OF RE-A LLOCATION MADE BY AO IN ASSESSMENT ORDER DATED 22.3.2013 FOR THE P URPOSE OF RE- DETERMINING ITS DEDUCTION CLAIMED UNDER SECTION 80I C OF THE ACT. 3. IT EMERGES AT THE OUTSET THAT LD.CIT(A)S RELEVA NT FINDING IN PAGE NO.13 PARA-(E) NOWHERE CHALLENGES THE ABOVE DISALLOWANCE/ADDITION ARISEN FROM RE-ALLOCATION OF EXPENSES. THE LD.CIT(A) HAS CONFIRMED THE AOS ACTION RATHER THAN TO ACCEPT ASSESSEES ARGUMENTS REGARDING THE SAID ISSUE. THE LD.DR FAILS TO REBUT THIS CLINCHING FACT. WE THEREFORE FIND THE I NSTANT APPEAL TO BE ENTIRELY MISCONCEIVED. THIS REVENUES APPEAL IS ACCORDINGLY DISMISSED. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSE D. ORDER PRONOUNCED IN THE COURT ON 30 TH NOVEMBER, 2017. SD/- SD/- (MANISH BORAD) ACCOUNTANT MEMBER (S.S.GODARA) JUDICIAL MEMBER