The Dy. CIT., Circle-5, Ahmedabad V. M/s Riddhi Siddhi Gluco Biols Ltd, Ahmedabad

ITA 2395/AHD/2010

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 62994 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 2 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-09-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 20-09-2012
• Assessment Year: 2008-2009
• Appeal Filed On: 23-07-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B K S PANDYA
• Assessee Lawyers: P D SHAH
• Section: 43B

Judgement Text

, , , , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, AHMEDABAD , . ! ' ,#$ # % BEFORE SHRI MUKUL KR.SHRAWAT, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ./ I.T.A. NO.2395/AHD/2010 ( ! ' ! ' ! ' ! ' / / / / ASSESSMENT YEAR : 2008-09) DY.CIT CIRCLE-5 AHMEDABAD ! ! ! ! / VS. RIDDHI SIDDHI GLUCO BIOLS LTD. 701, SAKAR-I, OPP.GANDHIGRAM RLY.STATION ASHRAM ROAD, AHMEDABAD ( #$ ./)* ./ PAN/GIR NO. : AABCR 3417 Q ( (+ / // / APPELLANT ) .. ( ,-(+ / RESPONDENT ) (+ . # / APPELLANT BY : SHRI B.K.S.PANDYA, CIT-D.R. ,-(+ / . # / RESPONDENT BY : SHRI P.D. SHAH !0 / 1$ / / / / DATE OF HEARING : 20/09/12 2 ' / 1$ / DATE OF PRONOUNCEMENT : 28/09/12 #3 / O R D E R PER SHRI MUKUL KR. SHRAWAT, JUDICIAL MEMBER : THIS IS AN APPEAL FILED BY THE REVENUE ARISING FRO M THE ORDER OF THE LD.CIT(A)-XI, AHMEDABAD DATED 15.06.2010 AND THE GR OUNDS RAISED ARE HEREBY DECIDED AS FOLLOWS: 2. GROUND NO.1 READS AS UNDER:- 1. THE LD. COMMISSIONER OF INCOME TAX (A)-XI, AHME DABAD HAS ERRED IN LAW AND ON FACTS IN DELETING THE ADDITION MADE OF RS.2,44,70,672/- ON ACCOUNT OF DEFERMENT OF SALES T AX. ITA NO.2395/AHD/2010 DY.CIT VS. RIDDHI SIDDHI GLUCO BIOLS LTD. ASST.YEAR 2008-09 - 2 - 3. AS PER THE CORRESPONDING ASSESSMENT ORDER PASSED U/S.143(3) OF THE ACT DATED 29.3.2010, THE ASSESSEE-COMPANY IS MANUFA CTURING AND TRADING OF STARCH, TAPIOCA, CHEMICALS, MAIZE GRAIN AND ALLI ED PRODUCTS.. IT WAS NOTICED BY THE AO THAT THE ASSESSEE HAD SHOWN SALES TAX LIABILITY OF RS.14,54,26,795/- UNDER THE HEAD SALES TAX DEFERME NT. IT WAS ALSO NOTED BY THE AO THAT SALES TAX LIABILITY TO THE EXT ENT OF RS.2,44,70,672/- REMAINED UNPAID OUT OF THE SALES TAX COLLECTED DURI NG THE YEAR. THE AO HAS THUS INVOKED THE PROVISIONS OF SECTION 43B OF T HE ACT AND TAXED THE SAME IN THE HANDS OF THE ASSESSEE. WHEN THE MATTER WAS CARRIED BEFORE THE FIRST APPELLATE AUTHORITY, THE LD.CIT(A) HAS FO LLOWED A DECISION OF THE TRIBUNAL AS PER THE FOLLOWING REFERENCE: 3.1. I HAVE CONSIDERED THE CONTENTIONS OF THE A.R. OF THE APPELLANT AND THE OBSERVATIONS OF THE ASSESSING OFF ICER IN THE ASSESSMENT ORDER. SIMILAR ISSUE AROSE IN THE APPEL LANTS OWN CASE FOR EARLIER ASSESSMENT YEAR. THE HONBLE ITAT, B BENCH, AHMEDABAD VIDE ITS ORDER IN ITA NO.1500/AHD/2009 DA TED 07-08- 2009 DECIDED THE SAID ISSUE IN FAVOUR OF THE APPELL ANT FOR THE A.Y. 2003-04. THE SAME WAS DECIDED IN FAVOUR OF THE APP ELLANT BY ME FOR A.Y. 2006-07. THEREFORE, HAVING CONSIDERED THE FACTS AND CIRCUMSTANCES OF THE CASE AND FOLLOWING THE ABOVE D ECISIONS, I AM INCLINED TO DIRECT THE ASSESSING OFFICER TO DELETE THE DISALLOWANCE MADE BY HIM ON ACCOUNT OF SALES-TAX DEFERMENT OF RS.2,44,70,672/-. THIS GROUND OF APPEAL IS ALLOWED . 4. HAVING HEARD THE SUBMISSION OF BOTH THE SIDES, W E HAVE BEEN INFORMED THAT IN ASSESSEES OWN CASE ITAT B BENCH AHMEDABAD VIDE AN ORDER DATED 04/09/2009 TITLED AS THE DY.CIT VS . M/S.RIDDHI SIDDHI GLUCO BIOLS LTD. BEARING ITA NO.1047/AHD/2010 FOR A.Y.2005-06 & ITA NO.1048/AHD/2010 FOR A.Y. 2006-07, THE TRIBUNA L HAS FOLLOWED ITA NO.2395/AHD/2010 DY.CIT VS. RIDDHI SIDDHI GLUCO BIOLS LTD. ASST.YEAR 2008-09 - 3 - THE PAST HISTORY AND DISMISS THE GROUND OF THE REVE NUE. RESULTANTLY, FOR THIS YEAR AS WELL THIS GROUND OF THE REVENUE IS HER EBY DISMISSED. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. SD/- SD/- ( . ! ' ) ( ) #$ ( A. MOHAN ALANKAMONY ) ( MUKUL KR. SHRAWAT ) ACCOUNTANT MEMBER JUDICIA L MEMBER AHMEDABAD; DATED 28/09/2012 41..!, .!../ T.C. NAIR, SR. PS #3 / ,5 6#5' #3 / ,5 6#5' #3 / ,5 6#5' #3 / ,5 6#5'/ COPY OF THE ORDER FORWARDED TO : 1. (+ / THE APPELLANT 2. ,-(+ / THE RESPONDENT 3. 7 / CONCERNED CIT 4. 7() / THE CIT(A)-XI, AHMEDABAD 5. 5:; ,! , , / DR, ITAT, AHMEDABAD 6. ;< =0 / GUARD FILE. #3! #3! #3! #3! / BY ORDER, -5 , //TRUE COPY// > >> >/ // / ) ) ) ) ( DY./ASSTT.REGISTRAR) , , , , / ITAT, AHMEDABAD 1. DATE OF DIRECT-DICTATION ON COMPUTER.DATED 21.9.12 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 25.9.12 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 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S28.9.12 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 28.9.12 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