THE ACIT, Central Circle-8,, Ahmedabad V. WINNERS BUSINESS LINK PVT.LTD., Ahmedabad

ITA 2216/AHD/2008

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 50744 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 3 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-09-2011
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2004-2005
• Appeal Filed On: 11-06-2008
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAVINDRA KUMAR

Judgement Text

, , . .. . . .. . , , , , . .. . . .. .!'#$ !'#$ !'#$ !'#$ , % % % % & & & & IN THE INCOME TAX APPELLATE TRIBUNAL : A BENCH : AHMEDABAD (BEFORE HONBLE SHRI T.K. SHARMA, J.M. & HONBLE SHRI A.K.GARODIA, A.M.) . ITA NO. 2216/AHD./2008 : ' ()- 2004-2005 ACIT, CIRCLE-8, AHMEDABAD VS- WINNERS BUSINESS LINK PVT.LTD., ABAD (PAN : AAACW 1747J) (,- /APPELLANT) ( ./,- /RESPONDENT ) ,- 0 1 / APPELLANT BY : SHRI RAVINDRA KUMAR, CIT, D.R. ./,- 0 1 / RESPONDENT BY : NONE (AD ON RECORD) 2'3 0 4% / DATE OF HEARING : 26/09/2011 5'( 0 4% / DATE OF PRONOUNCEMENT :30/09/2011 / ORDER PER SHRI T.K. SHARMA, JUDICIAL MEMBER : THIS APPEAL FILED BY THE REVENUE IS AGAINST THE OR DER DATED 10-12-2007 OF LEARNED COMMISSIONER OF INCOME TAX(APPEALS)-I, AHME DABAD FOR THE ASSESSMENT YEAR 2004-2005. 2. THE ONLY EFFECTIVE GROUND RAISED BY THE REVENUE IN THE APPEAL IS AS UNDER: 1. THE LD. COMMISSIONER OF INCOME-TAX(A)-I, AHMEDAB AD HAS ERRED IN LAW AND ON FACTS IN DELETING THE DISALLOWANCE OF RS.7,59,84 ,998/- ON ACCOUNT OF REJECTING THE ACCOUNTING POLICIES. 3. DESPITE SERVICE OF NOTICE THROUGH REGISTERED POS T, AT THE TIME OF HEARING, NONE WAS PRESENT FROM THE SIDE OF THE ASSESSEE. IN THE I MPUGNED ORDER, FOLLOWING THE DECISION OF THE TRIBUNAL IN ASSESSEES OWN CASE FOR THE ASSESSMENT YEARS 2002-03 AND 2003-04, THE LD. CIT(A) DIRECTED THE AO TO BRING TO TAX THE AMOUNT OF RS.2,57,57,778/- INSTEAD OF ADDITION OF RS.7,59,84, 998/- MADE BY THE AO. THE RELEVANT PORTION OF THE JUDGEMENT IS CONTAINED IN PARA 3.3.6 OF THE IMPUGNED ORDER, WHICH READS AS UNDER: ITA NO. 2216-AHD-08 2 3.3.6 IN VIEW OF THE CLEAR ORDER DATED 23/12/200 5 OF THE HONBLE ITAT BENCH, AHMEDABAD IN THE APPELLANTS OWN CASE AND SU BSEQUENT APPEAL ORDERS PASSED BY CIT(A) FOR ASSTT. YEARS 2002-03 AND 2003- 04, GROUNDS OF APPEAL NO.1,2,3 & 4 ARE ALLOWED IN SO FAR AS THE MAIN ADDI TION OF RS.7,59,84,998/- IS CONCERNED FOR MAINTAINING CONSISTENCY AND FOLLOWING THE JUDGEMENT OF THE HONBLE ITAT, AHMEDABAD ON THE POINT OF METHOD OF A CCOUNTING BEING FOLLOWED BY THE APPELLANT. THE AO, HOWEVER, IS TO B RING TO TAX THE AMOUNT OF RS.2,57,57,778/- OFFERED FOR TAXATION BY THE APPELL ANT, BEING COLLECTION OF EARLIER YEARS ON THE BASIS OF METHOD OF ACCOUNTANCY FOLLOWED BY HIM. 4. AT THE TIME OF HEARING BEFORE US, SHRI SAMIR TEK RIWAL, SR.D.R., APPEARING ON BEHALF OF THE REVENUE, PRODUCED A COPY OF THE DECIS ION DATED 31/08/2009 OF THE ITAT A BENCH, AHMEDABAD IN ITA NO.1288/AHD/2006, WHERE IN THE TRIBUNAL, IN THE INTEREST OF JUSTICE, SET ASIDE THE ORDER OF THE LD. CIT(A) AND REMANDED THE ISSUE BACK TO THE FILE OF THE LD. CIT(A) FOR PASSING A SPEAKING O RDER, AFTER POINTING OUT THE FACTS OF THE CASE WHICH WERE BEFORE THE TRIBUNAL, WHOSE DECI SION WAS FOLLOWED BY HIM, IN THE YEAR UNDER APPEAL. IT IS PERTINENT TO NOTE THAT IN THE ASSESSMENT YEAR UNDER APPEAL, THE LD. CIT(A) HAS FOLLOWED HIS OWN ORDER FOR THE ASSES SMENT YEAR 2003-04. WE, THEREFORE, FOLLOWING THE DECISION DATED 31.08.2009 OF THE TRIBUNAL IN ASSESSEES OWN CASE FOR THE ASSESSMENT YEAR 2003-04 IN ITA NO.1288 /AHD/2006 ( SUPRA ), SET ASIDE THE ORDER OF THE LD. CIT(A) WITH THE DIRECTION THAT FOR THIS YEAR ALSO, THE LD. CIT(A) WILL RE- DECIDE THE APPEAL OF THE ASSESSEE, KEEPING IN VIEW THE DIRECTION GIVEN BY THE TRIBUNAL IN THE ASSESSMENT YEAR 2003-04, AFTER GIVING OPPORT UNITY OF BEING HEARD TO THE BOTH SIDES. 5. IN THE RESULT, FOR STATISTICAL PURPOSES, THE APP EAL FILED BY THE REVENUE IS TREATED AS ALLOWED. 6 0 5'( #' ) 30 / 09 /2011 ' 7 0 !3 8 THIS ORDER PRONOUNCED IN COURT ON 30/09/2011. SD/- SD/- (A.K.GARODIA) (T.K. SHARMA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 30/09/2011 ITA NO. 2216-AHD-08 3 0 00 0 .49 .49 .49 .49 :9(4) :9(4) :9(4) :9(4)- -- - 1. ,- 2. ./,- 3. 4 2> 4. 2>- - 5. 9A! .4' , , 8 6. !$ C6 , D/ F , 8 TALUKDAR/ SR. P.S.