The Ladol Vividh Karyakari Sahakari Mandli Ltd., V. The Income Tax Officer, Patan Ward- 5, Mehsana

ITA 2223/AHD/2015

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 8724 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-08-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2012-2013
• Appeal Filed On: 27-07-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: VIMAL I MEHTA
• Assessee Lawyers: M K PATEL
• Section: 56

Judgement Text

ITA NO. 2 223 /AHD/201 5 ASSESSMENT YEAR: 20 12 - 13 IN THE INCOME TAX APPELLATE TRIBUNAL, AHMEDABAD SM C BENCH, AHMEDABAD [ CORAM : PRAMOD KUMAR, A CCOUNTANT MEMBER ] ITA NO. 2223 /AHD/ 201 5 ASSESSMENT YEAR : 20 12 - 13 THE LADOL VIVIDH KARYAKARI SAHAKARI MANDLI LTD., ....... ...........APPELLANT AT: LADOL, T A L: VIJAPUR 382 840. [PAN : AAAAT 1107 C] VS. INCOME TAX OFFICER, PATAN WARD 5, MEHSANA. ............................RESPONDENT APPEARANCES BY : M.K. PATEL FOR THE APPELLANT VIMAL I. MEHTA FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : 14.08 .2017 DATE OF PRONOUNCING THE ORDER : 17 .0 8 .2017 O R D E R 1. THIS APPEAL FILED BY THE ASSESSEE APPELLANT IS DIRECTED AGAINST THE ORDER DATED 12.06.2015, PASSED BY THE LEARNED CIT(A) , GANDHINAGAR, AHMEDABAD, F OR THE ASSESSMENT YEAR 20 12 - 13 . 2. GRIEVANCE RAISED BY THE APPELLANT IS AS FOLLOWS : - THAT ON FACTS, AND IN LAW, THE LEARN E D CIT(A) HAS GRIEVOUSLY ERRED IN HOLDING THAT AN AMOUNT OF RS.12,70,070/ - IS NOT ELIGIBLE FOR D E DUCTION U/S. 80P OF THE ACT AND IS TAXABLE U/S. 56 OF THE ACT. 3 . LEARNED COUNSEL FOR THE ASSESSEE FAIRLY ACCEPTS THAT THE AFORESAID ISSUE IS NOW COVERED, BY HON BLE JURISDICTIONAL HIGH COURT S JUDGEMENT IN THE CASE OF STATE BANK OF INDIA VS. CIT, 389 ITR 578 . ITA NO. 2 223 /AHD/201 5 ASSESSMENT YEAR: 20 12 - 13 4. IN VIEW OF THE ABOVE DISCUSSIONS, THE GRIEVANCE RAISED BY THE ASSESSEE IS CLEARLY DEVOID OF ANY LEGALLY SUSTAINABLE MERITS. WE, THEREFORE, DISMISS THE GRIEVANCE OF THE ASSESSEE AND DECLINE TO INTERFERE IN THE MAT T ER. 5 . IN THE RESULT, APPEAL IS DISMISSED. PR ONOUNCED IN THE OPEN COURT TODAY ON THE 17 TH DAY OF AUGUST , 2017. SD/ - PRAMOD KUMAR (ACCOUNTANT MEMBER) DATED: AHMEDABAD, THE 17 TH DAY OF AUGUST , 2017. PBN/* COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLANT TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD