The DCITCicle-8, Ahmedabad V. M/s. Sarjan Realities Limited, Ahmedabad

ITA 2246/AHD/2012

• Counselvise Citation: 224620514 RSA 2012
• Duration Of Justice: 2 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-12-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 11-12-2012
• Assessment Year: 2005-2006
• Appeal Filed On: 08-10-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D K SINGH
• Keywords: Income from undisclosed sources; Revised return
• Section: 244A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, C BENCH, AHMEDABAD BEFORE SHRI A. K. GARODIA, ACCOUNTANT MEMBER AND SHRI KUL BHARAT, JUDICIAL MEMBER I.T.A. NO. 2246/ AHD/2012 (ASSESSMENT YEAR 2005-06) DCIT, CIRCLE 8, AHMEDABAD VS. SARJAN REALITIES LTD. , SUZLON HOUSE, 5, SHRIMLI SOCIETY, NAVRANGPURA, AHMEDABAD PAN/GIR NO. : AAACE3472H (APPELLANT) .. (RESPONDENT) APPELLANT BY: SHRI D K SINGH, SR. DR RESPONDENT BY: SHRI TUSHAR HEMANI, AR DATE OF HEARING: 11.12.2012 DATE OF PRONOUNCEMENT: 31.12.2012 O R D E R PER SHRI A. K. GARODIA, AM:- THIS IS REVENUES APPEAL DIRECTED AGAINST THE ORDE R OF LD. CIT(A) XIV, AHMEDABAD DATED 23.07.212 FOR THE ASSESSMENT Y EAR 2005-06. THE GROUNDS RAISED BY THE REVENUE ARE AS UNDER: 1). THE LD. COMMISSIONER OF INCOME-TAX (APPEALS)- XIV, AHMEDABAD HAS ERRED IN LAW AND ON FACTS IN DIRECTIN G TO GRANT INTEREST U/S.244A OF THE ACT, ON THE REFUND, ARISIN G DUE TO EXCESS PAYMENT OF SELF ASSESSMENT TAX ON UNACCOUNTED INCOME DISCLOSED IN THE REVISED RETURN OF INCOME. 2) ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E, THE LD. COMMISSIONER OF INCOME-TAX (APPEALS)-XIV, AHMEDAB AD OUGHT TO HAVE UPHELD THE ORDER OF THE ASSESSING OFFICER. 3). IT IS THEREFORE, PRAYED THAT THE ORDER OF T HE LD. COMMISSIONER OF INCOME-TAX (APPEALS)-XIV, AHMEDABAD MAY BE SET-A SIDE AND THAT OF THE ORDER OF THE ASSESSING OFFICER BE RESTO RED. I.T.A.NO.2246 /AHD/2012 2 2. BOTH THE SIDES AGREED THAT THE FACTS ARE IDENTIC AL AS IN EARLIER APPEAL OF THIS VERY ASSESSEE HEARD ON 04.12.2012 IN I.T.A. NO. 867/AHD/2010 FOR THE ASSESSMENT YEAR 2006-07. IT WAS SUBMITTED THAT THIS APPEAL WAS ALSO HEARD BY THE SAME BENCH AND HENCE, THE PRESENT APPE AL CAN BE DECIDED ON THE SIMILAR LINES. 3. WE HAVE ALREADY DECIDED THE APPEAL IN I.T.A.NO. 867/AHD/2010 FOR THE ASSESSMENT YEAR 2006-07 AS PER THE ORDER PRONOU NCED ON 14.12.2012. AS PER THIS ORDER OF THE TRIBUNAL IN ASSESSMENT YEA R 2006-07, WE HAVE HELD THAT THE ASSESSEE IS ELIGIBLE FOR INTEREST U/S 244A OF THE INCOME TAX ACT, 1961 ON ACCOUNT OF PAYMENT OF SELF ASSESSMENT TAX F ROM THE DATE OF SELF ASSESSMENT TAX I.E. 11.12.2006 TILL THE DATE OF GRA NTING OF REFUND BY THE REVENUE EXCLUDING SUCH PORTION OF INTEREST IF ANY W HICH HAS ALREADY BEEN PAID TO THE ASSESSEE BY THE REVENUE. LD. CIT(A) HA S ALSO DIRECTED THE A.O. TO GRANT INTEREST ON REFUND ON ACCOUNT OF SELF ASSESSMENT TAX PAID BY THE ASSESSEE AS PER THE PROVISIONS OF SECTION 244A. WE FIND NO INFIRMITY IN THE DIRECTION OF LD. CIT(A) AND HENCE, WE DECLIN E TO INTERFERE IN THE SAME. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. 5. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE M ENTIONED HEREINABOVE. SD./- SD./- (KUL BHARAT) (A. K. GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER SP COPY OF THE ORDER FORWARDED TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE LD. CIT (APPEALS) 5. THE DR, AHMEDABAD BY ORDER 6. THE GUARD FILE AR,ITAT,AHMEDABAD I.T.A.NO.2246 /AHD/2012 3 1. DATE OF DICTATION 14/12/2012 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 24.12.2012.OTHER MEMBER 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P .S./P.S. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 31/12/2012 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. P.S./P.S.31/12 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 31/12/2012 7. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK .. 8. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER . 9. DATE OF DESPATCH OF THE ORDER. .