The DCITGNR Circle, Gandhinagar V. Gujarat Rural Industries Marketing Corporation Ltd., Gandhinagar

ITA 2162/AHD/2014

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 8252 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 3 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-11-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 15-06-2017
• Assessment Year: 2011-2012
• Appeal Filed On: 24-07-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD B BENCH (BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER & SHRI S. S. GODARA, JUDICIAL MEMBER ) ITA. NO: 2162/AHD/2014 (ASSESSMENT YEAR: 2011-12) DY. COMMISSIONER OF INCOME-TAX, GANDHINAGAR CIRCLE, GANDHINAGAR V/S GUJARAT RURAL INDUSTRIES MARKETING CORP. LTD., BLOCK NO. 17, 5 TH FLOOR, UDHYOG BHAVAN, SECTOR-11, 382011 (APPELLANT) (RESPONDENT) PAN: AAACG7166N APPELLANT BY : SHRI MUDIT NAGPAL, SR. D.R . RESPONDENT BY : SHRI TEJ SHAH, A.R. ( )/ ORDER DATE OF HEARING : 02-11-201 7 DATE OF PRONOUNCEMENT : 14-11-2017 PER N.K. BILLAIYA, ACCOUNTANT MEMBER 1. THIS APPEAL BY THE REVENUE IS PREFERRED AGAINST THE ORDER OF THE LD. CIT(A)-, GANDHINAGAR, AHMEDABAD DATED 17.05.2014 PERTAINING TO A.Y. 2011-12. ITA NO. 2162/AHD/2014 . A.Y. 2011 -11 2 2. THE ONLY GRIEVANCE OF THE REVENUE IS THAT THE LD. C IT(A) ERRED IN DELETING THE ADDITION OF RS. 40,26,350/- ON ACCOUNT OF UNACCOUNT ED UTILIZED REVENUE GRANT. 3. AT THE VERY OUTSET, THE LD. COUNSEL FOR THE ASSESSE E STATED THAT A SIMILAR ISSUE HAS BEEN DECIDED IN FAVOUR OF THE ASSESSEE AND AGAINST THE REVENUE BY THE TRIBUNAL IN ASSESSEES OWN CASE IN A.Y. 2010-11. 4. THE LD. D.R. FAIRLY CONCEDED TO THIS. 5. WE HAVE CAREFULLY CONSIDERED THE ORDERS OF THE AUT HORITIES BELOW. WE FIND THAT THE FIRST APPELLATE AUTHORITY AT PARA 4.3 OF HIS ORDER HAS FOLLOWED THE FINDINGS OF HIS PREDECESSOR FOR A.Y. 2010-11. WE FIND THAT IN A.Y. 2010-11, THE TRIBUNAL IN ITA NO. 2597/AHD/2013 HAS DECIDED THIS ISSUE IN FAVOUR OF THE ASSESSEE AND AGAINST THE REVENUE. 6. RESPECTFULLY FOLLOWING THE FINDINGS OF THE CO-ORDIN ATE BENCH, APPEAL FILED BY THE REVENUE IS ACCORDINGLY DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON 14 - 11- 20 17. SD/- SD/- (S.S. GODARA) (N. K. BILLAIYA) JUDICIAL MEMBER TRUE COPY ACCOUNTANT MEMBER AHMEDABAD: DATED: 14 /11/2017 RAJESH COPY OF THE ORDER FORWARDED TO: - 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS) 4. THE CIT CONCERNED. 5. THE DR., ITAT, AHMEDABAD. 6. GUARD FILE.