M/s. The Nasibpur Co-Op L&C Society Ltd., Mahendergarh V. ACIT, Rewari

ITA 1866/DEL/2014

• Counselvise Citation: 186620114 RSA 2014
• Duration Of Justice: 1 year(s) 4 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-08-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC 1
• Next Hearing Date: 13-07-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 31-03-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DEVI SHARAN SINGH
• Assessee Lawyers: RAJESH KUMAR GOEL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL DELHI DELHI DELHI DELHI BENCH BENCH BENCH BENCH SMC SMC SMC SMC : NEW DELHI : NEW DELHI : NEW DELHI : NEW DELHI BEFORE SHRI G.C. GUPTA BEFORE SHRI G.C. GUPTA BEFORE SHRI G.C. GUPTA BEFORE SHRI G.C. GUPTA, VICE , VICE , VICE , VICE PRESIDENT PRESIDENT PRESIDENT PRESIDENT ITA NO ITA NO ITA NO ITA NO . .. . 1866/DEL/2014 1866/DEL/2014 1866/DEL/2014 1866/DEL/2014 ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR : : : : 2008 2008 2008 2008 - -- - 09 0909 09 THE NASIBPUR CO THE NASIBPUR CO THE NASIBPUR CO THE NASIBPUR CO - -- - OP L OP L OP L OP L & && & C CC C SOCIETY LIMITED, SOCIETY LIMITED, SOCIETY LIMITED, SOCIETY LIMITED, VILLAGE NASIBPUR, VILLAGE NASIBPUR, VILLAGE NASIBPUR, VILLAGE NASIBPUR, TEHSIL NARNAUL, TEHSIL NARNAUL, TEHSIL NARNAUL, TEHSIL NARNAUL, DISTRICT MAHENDERGA DISTRICT MAHENDERGA DISTRICT MAHENDERGA DISTRICT MAHENDERGARH, RH, RH, RH, HARYANA. HARYANA. HARYANA. HARYANA. PAN : AAAJT1547R. PAN : AAAJT1547R. PAN : AAAJT1547R. PAN : AAAJT1547R. VS. VS. VS. VS. ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF INCOME TAX, INCOME TAX, INCOME TAX, INCOME TAX, REWARI CIRCLE, REWARI CIRCLE, REWARI CIRCLE, REWARI CIRCLE, REWARI. REWARI. REWARI. REWARI. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI RAJESH KUMAR GOEL, ADVOCATE. RESPONDENT BY : SHRI DEVI SHARAN SINGH, SR.DR. DATE OF HEARING : 13.07.2015 13.07.2015 13.07.2015 13.07.2015 DATE OF PRONOUNCEMENT : 11.08.2015 11.08.2015 11.08.2015 11.08.2015 ORDER ORDER ORDER ORDER THIS APPEAL BY THE ASSESSEE FOR THE ASSESSMENT YEAR 2008-0 9 IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A), ROHTAK DATED 20 TH DECEMBER, 2013. 2. THE GROUNDS OF APPEAL NO.1 & 2 OF THE ASSESSEES APPE AL ARE AS UNDER:- 1. THAT ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE THE LEARNED CIT(APPEALS) HAS GRAVELY ERRED IN CONFIRMING THE ORDER OF THE LEARNED A.O. ON SURMISES A ND CONJECTURES. THE LEARNED AUTHORITIES BELOW HAVE ERRE D IN DETERMINING THE TOTAL INCOME AT RS.3,41,070/- AGAINST TOTAL INCOME AT RS.1,23,307/-. THE ORDER OF THE LEARNED C IT(A) ITA-1866/DEL/2014 2 MAY KINDLY BE QUASHED AND THE ACTUAL INCOME AT RS.1,23,307/- MAY BE DIRECTED TO BE DETERMINED. 2. THAT THE LEARNED CIT(A) HAS ERRED IN NOT PROPERLY APPRECIATING THE FACT THAT THE SUM OF RS.2,19,763/- ST OOD DULY CREDITED IN THE GROSS INCOME OF THE ASSESSEE AND THE APPELLANT HAS BEEN ASSESSED TWICE OVER ON THIS INCOME. THE ADDITION OF RS.2,19,763/- HAS BEEN WRONGLY UPHELD BY THE LEARNED CIT(A) WHICH MAY KINDLY BE REDUCED AND INCOME MAY BE DIRECTED TO BE ASSESSED ACCORDINGLY. 3. LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT NET AM OUNT OF `2,19,763/- WAS SHOWN AND CREDITED IN THE LABOUR ACCO UNT AND TO ADD THE SAME AGAIN AMOUNTS TO DOUBLE TAXATION IN THE HAND S OF THE ASSESSEE SOCIETY. HE REFERRED TO THE COPY OF THE LABOUR ACCOUNT FILED AT PAGES 15 TO 27 OF THE COMPILATION WHEREIN, AT PAGE 2 2, THE SAID AMOUNT OF `2,19,763/- WAS CREDITED IN THE LABOUR ACC OUNT ON 06.11.2007. 4. LEARNED DR HAS RELIED ON THE ORDER OF THE ASSESSING O FFICER AND THE LEARNED CIT(A). 5. I HAVE CONSIDERED THE RIVAL SUBMISSIONS AND HAVE PERU SED THE ORDER OF THE ASSESSING OFFICER AND THE LEARNED CIT(A) A ND ALSO PERUSED THE COPY OF THE LABOUR ACCOUNT AS FILED BY THE ASSESSE E IN THE COMPILATION BEFORE THE TRIBUNAL. I FIND THAT THE A SSESSEE HAS CREDITED THE NET AMOUNT RECEIVED BY IT AMOUNTING TO `2,19,76 3/- ON 06.11.2007 IN ITS LABOUR ACCOUNT, A COPY OF WHICH HAS BEEN FILE D IN THE COMPILATION BEFORE THE TRIBUNAL. TO ADD THE SAME AMOUNT AGAIN A MOUNTS TO DOUBLE TAXATION OF THE SAME AMOUNT, WHICH IS NOT PERMISSIBLE AS PER LAW. IN THESE FACTS OF THE CASE, I AM OF THE VIEW THAT SINCE TH E ASSESSEE HAS ALREADY CREDITED THE DISPUTED AMOUNT OF `2,19,763/- IN ITS LABOUR ACCOUNT, WHICH IN TURN HAS BEEN REFLECTED IN THE PR OFIT & LOSS ACCOUNT OF THE ASSESSEE FOR THE RELEVANT PERIOD, NO CASE OF ADDITIO N COULD BE ITA-1866/DEL/2014 3 MADE OUT BY THE REVENUE AND THE ADDITION MADE IS ACC ORDINGLY DELETED. THE GROUNDS OF APPEAL NO.1 & 2 OF THE ASSESSE ES APPEAL ARE ALLOWED. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED. DECISION PRONOUNCED IN THE OPEN COURT ON 11 TH AUGUST, 2015. SD/- (G. (G. (G. (G. C. GUPTA C. GUPTA C. GUPTA C. GUPTA ) )) ) VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VK. COPY FORWARDED TO: - 1. APPELLANT : THE NASIBPUR CO THE NASIBPUR CO THE NASIBPUR CO THE NASIBPUR CO- -- -OP L&C SOCIETY LIMITED, OP L&C SOCIETY LIMITED, OP L&C SOCIETY LIMITED, OP L&C SOCIETY LIMITED, VILLAGE NASIBPUR, TEHSIL NARNAUL, VILLAGE NASIBPUR, TEHSIL NARNAUL, VILLAGE NASIBPUR, TEHSIL NARNAUL, VILLAGE NASIBPUR, TEHSIL NARNAUL, DISTRICT MAHENDERGARH, HARYANA. DISTRICT MAHENDERGARH, HARYANA. DISTRICT MAHENDERGARH, HARYANA. DISTRICT MAHENDERGARH, HARYANA. 2. RESPONDENT : ASSISTANT COMMISSIONER OF INCOME TAX, ASSISTANT COMMISSIONER OF INCOME TAX, ASSISTANT COMMISSIONER OF INCOME TAX, ASSISTANT COMMISSIONER OF INCOME TAX, REWARI CIRCLE, REWARI. REWARI CIRCLE, REWARI. REWARI CIRCLE, REWARI. REWARI CIRCLE, REWARI. 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR