Buildquick Construction Co., Anand V. The Income tax Officer,Ward-1, Anand

ITA 195/AHD/2009

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 6474 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 4 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-06-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 08-06-2011
• Assessment Year: 2005-2006
• Appeal Filed On: 20-01-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: B L YADAV
• Keywords: Sale consideration of property below Jantri Value
• Section: 40A(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL: AHMEDABAD D BENCH (BEFORE S/SHRI MUKUL SHRAWAT JM & A.N.PAHUJA, AM ) ITA NO. 195/AHD/2009 ASSTT. YEAR:- 2005-06 M/S BUILDQUICK CONSTRUCTION CO.5THE FLOOR, SANKALP,SARDAR GUNJ,OPP. PEOPLES BANK, ANAND [PAN:AACFB4950C] VS ITO WARD-1,AAYAKAR BHAVAN,ANAND (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE REVENUE BY : SHRI B.L.YADAV, DR O R D E R A.N. PAHUJA: THIS IS AN APPEAL FILED BY THE ASSESSEE ON 20.1. 2009 AGAINST AN ORDER DATED 11.11.2008 OF THE LD. CIT(A) -IV, BARODA, UPHOLDING DISALLOWANCE OF RS.2,50,000/- OUT OF LABOUR EXPENS ES,RS.35,000/- OUT OF MISC. & SITE EXPENSES, AND RS.1,05,920/- U/S 40A(3) OF THE INCOME-TAX ACT,1961[HEREINAFTER REFERRED TO AS THE ACT]. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE WHEN TH E APPEAL WAS CALLED FOR HEARING NOR ANY REQUEST FOR ADJOURNMENT WAS FILED DESPITE SERVICE OF NOTICE[AD ON RECORD]. IT, THEREFORE, APPEARS THAT THE ASSESSE E IS NOT INTERESTED IN PURSUING THE APPEAL. IN THESE CIRCUMSTANCES, FOLLOWING THE DECISION OF THE DELHI BENCH OF THE TRIBUNAL IN THE CASE OF MULTIPLAN (INDIA) PVT. LTD. VS CIT [38 ITD 320] (DEL) AND THE DECISION OF THE HON'BLE MADHYA PRADESH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKAR VS CWT [(1996) 223 ITR 480 (MP)], THE APPEAL FILED BY THE ASSESSEE IS DISMISSED IN LIMINE. 5. IN THE RESULT, APPEAL IS DISMISSED . ORDER PRONOUNCED IN THE COURT ON 8.6.2011 SD/- SD/- (MUKUL SHRAWAT) JUDICIAL MEMBER (A.N. PAHUJA) ACCOUNTANT MEMBER AHMEDABAD DATED 8. 6.2011 . ITA NO.195/AHD/2009 2 COPY OF THE ORDER FORWARDED TO : THE ASSESSEE/ ITO WARD-1,ANAND / THE CIT CONCERNED/ THE CIT(A)-IV, BARODA/DR/ GUARD FILE BY ORDER DEPUTY REGISTRAR OF ITAT, AHMEDABAD BENCH