Vimalachal Print & Pack Pvt. Ltd., Ahmedabad V. The Jt. CIT, Range-8, Ahmedabad

ITA 2217/AHD/2015

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 8321 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 9 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-05-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Not Allotted
• Assessment Year: 2011-2012
• Appeal Filed On: 24-07-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRASOON KABRA HEARING CONCLUDE
• Assessee Lawyers: BHAVESH SHAH

Judgement Text

ITA NO.2217/AHD/2015 ASSESSMENT YEAR: 2011-12 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH, AHMEDABAD [CORAM: PRAMOD KUMAR AM AND MAHAVIR PRASAD JM] ITA NO.2217/AHD/2015 ASSESSMENT YEAR: 2011-12 VIMALACHAL PRINT & PACK PVT. LTD. .....APPELLANT 5, SAKET INDUSTRIAL ESTATE, 437, MORAIYA, NEAR CHANGODAR, TAL. SANAND, DIST. AHMEDABAD 382 213. [PAN : AAACV 7000 Q] VS. JT. COMMISSIONER OF INCOME TAX, RANGE - 8, AHMEDABAD. ....RESPONDENT APPEARANCES BY BHAVESH SHAH, FOR THE APPELLANT PRASOON KABRA FOR THE RESPONDENT HEARING CONCLUDED ON: 14.05.2018 ORDER PRONOUNCED ON : 15.05.2018 O R D E R PER PRAMOD KUMAR, AM: 1. BY WAY OF THIS APPEAL, THE ASSESSEE HAS CHALLENG ED CORRECTNESS OF THE ORDER DATED 3 RD JUNE 2015, PASSED BY THE LEARNED CIT(A), FOR THE A SSESSMENT YEAR 2011-12, ON THE FOLLOWING GROUNDS: 1. THE LD. CIT(A) HAS ERRED IN LAW AND ON FACT S IN CONFIRMING THE ADDITION U/S.145A OF THE ACT OF RS.51,04,508/- WITH OUT CONSIDERING THE SUBMISSIONS OF THE APPELLANT. 2. THE LD. CIT(A) HAS NOT CONSIDERED THE RATIO O F DECISION OF THE HIGH COURT OF GUJARAT IN THE CASE OF NARMADA CHEMATUR PE TROCHEMICALS LTD. (2010) 233 CTR (GUJ) 265. 2. WHEN THIS APPEAL WAS CALLED OUT FOR HEARING, LEA RNED REPRESENTATIVES FAIRLY AGREED THAT THE ISSUE IN APPEAL IS COVERED, IN FAVO UR OF THE ASSESSEE, BY A CO-ORDINATE ITA NO.2217/AHD/2015 ASSESSMENT YEAR: 2011-12 PAGE 2 OF 2 BENCHS DECISION IN THE CASE OF THIS VERY ASSESSEE FOR THE ASSESSMENT YEAR 2010-11. A COPY OF THE SAID DECISION WAS ALSO PLACED BEFORE US . 3. IN VIEW OF THE ADMITTED POSITION AS ABOVE, WE UP HOLD THE PLEA OF THE ASSESSEE AND DIRECT THE ASSESSING OFFICER TO DELETE THE IMPU GNED ADDITION OF RS.51,04,508/-. 4. IN THE RESULT, THE APPEAL IS ALLOWED IN THE TERM S INDICATED ABOVE. PRONOUNCED IN THE OPEN COURT TODAY ON THE 15 TH MAY, 2018. SD/- SD/- MAHAVIR PRASAD PRAMOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEM BER) DATED: 15 TH MAY, 2018 PBN/* COPIES TO: (1) THE APPELLANT (2) THE RESPOND ENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD