Jignasu Sureshchandra Jani, Panchmahal V. The Income Tax Officer, Ward-2, Godhra

ITA 181/AHD/2014

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 1705 (ITAT-AHMEDABAD)
• Duration Of Justice: 5 year(s) 4 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-05-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 20-01-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: A C SHAH

Judgement Text

SMC-ITA NO. 181/AHD/2014 JIGNASU SURSHCHANDRA JANI VS. ITO ASSESSMENT YEAR: 2008-09 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, AHMEDABAD [ BEFORE SHRI PRAMOD KUMAR, VICE PRESIDENT ] ITA NO. 181/AHD/2014 ASSESSMENT YEAR : 2008-09 JIGNASU SURESHCHANDRA JANI .......... ..APPELLANT 58, BURHANI COMPLEX, B/H. POLAN SCHOOL, POST: LUNAWADA, DIST : PANCHMAHAL [PAN: ADNPJ 2477 J] VS. INCOME TAX OFFICER .......................RESPONDENT WARD-1, GODHRA APPEARANCES BY: AC SHAH FOR THE APPELLANT JAYANT JHAVERI FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : 27.02.2019 DATE OF PRONOUNCING THE ORDER : 24.05.2019 O R D E R 1. BY WAY OF THIS APPEAL, THE ASSESSEE-APPELLANT HA S CHALLENGED CORRECTNESS OF LEARNED CIT(A)S ORDER DATED 25 TH NOVEMBER 2013 FOR THE ASSESSMENT YEAR 2008-09. 2. ONLY GRIEVANCE PRESSED BEFORE US IS AS FOLLOWS:- THE LEARNED CIT(A) HAS ERRED IN CONFIRMING THE AD DITION TO THE EXTENT OF 5% OF TOTAL EXPENDITURE OF RS.1,51,43,943/- ON ESTIMAT E BASIS. 3. THE IMPUGNED DISALLOWANCE WAS MADE AS THE ASSESS EE DID NOT FURNISH PARTICULARS OF EXPENSES, NOR DID THE ASSESSEE PARTI CIPATE IN THE ASSESSMENT PROCEEDINGS. WHILE THE DISALLOWANCE WAS MADE FOR R S.18,17,272/- BY ESTIMATING DISALLOWABLE EXPENSES @12%, LEARNED CIT(A) SCALED I T DOWN TO 5% EVEN THOUGH HE UPHELD THE ACTION OF THE ASSESSING OFFICER IN PRINC IPLE. THE ASSESSEE IS NOT SATISFIED AND IS IN FURTHER APPEAL BEFORE THE TRIBUNAL. 4. HAVING HEARD THE RIVAL CONTENTIONS AND HAVING PE RUSED THE MATERIAL ON RECORD, I AM NOT INCLINED TO INTERFERE IN THE MATTER. ADMI TTEDLY, THE COMPLETE DETAILS OF SMC-ITA NO. 181/AHD/2014 JIGNASU SURSHCHANDRA JANI VS. ITO ASSESSMENT YEAR: 2008-09 PAGE 2 OF 2 EXPENSES WERE NOT FURNISHED AT ANY STAGE. UNDER TH ESE CIRCUMSTANCES, DISALLOWANCE OF EXPENSES @ 5% CANNOT BE FAULTED. I CONFIRM THE ACTION OF THE CIT(A) AND DECLINE TO INTERFERE IN THE MATTER. 5. IN THE RESULT, THE APPEAL IS DISMISSED. PRONOUN CED IN THE OPEN COURT TODAY ON THE 24 TH MAY, 2019. SD/- PRAMOD KUMAR (VICE PRES IDENT) AHMEDABAD, THE 24 TH DAY OF MAY, 2019 **BT COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER TRUE COPY ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD 1. DATE OF DICTATION: .....ORDER PREPARED AS PER 2 PAGES MANUSCRIPTS OF HONBLE VP-ATTACHED.......... 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE T HE DICTATING MEMBER: .... 24.05.2019..... 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR . P.S./P.S.: .... 24.05.2019...... . 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE TH E DICTATING MEMBER FOR PRONOUNCEMENT: 24.05.2019... 5. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK : ............ 6. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK : . 7. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER: 8. DATE OF DESPATCH OF THE ORDER: ......