Vinayak Developers, Baroda V. The Income tax Officer,Ward-2(2), Baroda

ITA 1748/AHD/2009

• Counselvise Citation: 174820514 RSA 2009
• Duration Of Justice: 2 year(s) 2 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-08-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 25-08-2011
• Assessment Year: 2003-2004
• Appeal Filed On: 28-05-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SAMIR TEKRIWAL SRDR
• Assessee Lawyers: MRS URVASHI SHODHAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH B AHMEDABAD , , , , BEFORE SHRI D.K. TYAGI, HONBLE JUDICIAL MEMBER AND SHRI A.K.GARODIA, HONBLE ACCOUNTANT MEMBER .., .. , ! ITA NO.1748/AHD/2009 ASSESSMENT YEAR:2003-04 DATE OF HEARING:25.8.11 DRAFTED:25.8.11 VINAYAK DEVELOPERS A/7, SHREEJI CHARAN SOCITY, B/H BRIGHT SCHOOL, VIP ROAD, KARELIBAUG, VADODARA PAN NO.AABFV9977A V/S. INCOME TAX OFFICER, WARD-2(2), BARODA (APPELLANT) .. (RESPONDENT) APPELLANT BY :- MRS. URVASHI SHODHAN, AR RESPONDENT BY:- SHRI SAMIR TEKRIWAL, SR-DR DATE OF HEARING 25-08-2011 DATE OF PRONOUNCEMENT 25-08-2011 ' ' ' ' /O R D E R PER A.K. GARODIA, ACCOUNTANT MEMBER:- THIS IS AN ASSESSEES APPEAL DIRECTED AGAINST THE ORDER OF COMMISSIONER OF INCOME-TAX (APPEALS)-II, BARODA DAT ED 05-03-2007 FOR ASSESSMENT YEAR 2003-04. 2. GROUNDS RAISED BY ASSESSEE ARE AS UNDER:- ITA NO.1748/AHD/2009 A.Y. 2003 -04 VINAYAK DEVELOPERS V. ITO WD-2(2) BRD PAGE 2 1. THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS )-II, BARODA, HAS ERRED IN CONFIRMING THE ADDITION OF RS.27,65,041/- BEING ALLEGED NON- GENUINE CREDITORS. ON THE FACTS AND IN CIRCUMSTANCE S OF THE CASE AND IN LAW, THE COMMISSIONER OF INCOME TAX (APPEALS)-II, B ARODA, OUGHT NOT TO HAVE CONFIRMED THE ADDITION. 2. THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) -II, BARODA, HAS ERRED IN CONFIRMING THE ADDITION OF RS.5,54,550/- B EING ALLEGED DIFFERENCE IN STOCK. ON THE FACTS AND IN CIRCUMSTAN CES OF THE CASE AND IN LAW, THE COMMISSIONER OF INCOME TAX (APPEALS)-II, B ARODA, OUGHT NOT TO HAVE CONFIRMED THE ADDITION. 3. AT THE VERY OUTSET, LD. AR OF THE ASSESSEE SUBMI TTED A LETTER FROM THE ASSESSEE AS PER WHICH, THE ASSESSEE HAS REQUESTED F OR WITHDRAWAL OF THE APPEAL. LD. DR OF THE REVENUE DID NOT HAVE ANY OBJE CTION AND HENCE, WE PERMIT THE ASSESSEE TO WITHDRAW THE APPEAL. 4. IN THE RESULT, ASSESSEES APPEAL IS DISMISSED AS WI THDRAWN. ORDER PRONOUNCED IN OPEN COURT ON 25/08/2011 # ' $ %& '() 25/08 / 2011 !+ , $ - . SD/- SD/- (D.K.TYAGI) (A.K. GARODIA) (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) ! AHMEDABAD, DATED : 25/08/2011 *DKP COPY OF THE ORDER FORWARDED TO :- 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT(APPEALS)-II, BARODA 4. THE CIT CONCERNS. 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER, /TRUE COPY/ DEPUTY / ASSTT.REGISTRAR ITAT, AHMEDABAD ITA NO.1748/AHD/2009 A.Y. 2003 -04 VINAYAK DEVELOPERS V. ITO WD-2(2) BRD PAGE 3 ' ' ' ' $ $$ $ /01 /01 /01 /01 21&0) 21&0) 21&0) 21&0)- -- - 1. 56 2. /56 3. (( 0 +9 4. +9 - - 5. 1<= /0' , , . 6. ? @# ' , A/ (B , .