Manoj Ganpatrai Joshi, Mangrol, RAJKOT-GUJARAT V. The Income Tax Officer, Ward- 2(1), JUNAGADH

ITA 266/RJT/2014

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 6626 (ITAT-RAJKOT)
• Duration Of Justice: 2 year(s) 11 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-03-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 24-03-2017
• Assessment Year: 2004-2005
• Appeal Filed On: 16-04-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Reopening of assessment
• Section: 148

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH , RAJKOT BEFORE SHRI S.V. MEHROTRA , ACCOUNTANT MEMBER AND SHRI K. NARASIMHA CHARY , MEMBER ITA NO S . 266 TO 268 / RJT /201 4 ASS T. YEAR S : 200 4 - 0 5 TO 2006 - 07 MANOJ GANPATRAI JOSHI DEVELOPMENT OFFICER, LIC OF INDIA, TOWER ROAD, NR. CINEMA, MANGROL (APPELLANT) PAN : ABRPJ8761F VS ITO, WARD - 2(1), JUNAGADH (RESPONDENT) APPELLANT BY : WRITTEN SUBMISSION RESPONDENT BY : MS. USHA SHROTE, DR DATE OF HEARING : 2 4 /0 3 /201 7 DATE OF PRONOUNCEMENT : 24 /0 3 /201 7 O R D E R PER BENCH : THESE THREE APPEALS ARE FILED BY THE ASSESSEE CHALLENGING THE COMMON ORDER DATED 7.2.2014 PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) - IV, RAJKOT (FOR SHORT HEREINAFTER REFERRED TO AS LD. CIT(A) ) IN APPEAL NO. CIT(A) - IV/0138, 0139 & 0140/11 - 12. 2. THE QUESTION INVOLVED IN ALL THESE APPEALS IS RELATING TO REOPENING OF ASSESSMENT U/S 148 OF THE INCOME TAX ACT, 1961 (FOR SHORT HEREINAFTER REFERRED TO AS THE ACT ) AND DISALLOWANCE OF THE INCENTIVE BONUS RECEIPT TO THE TUNE OF 30% CLAIMED BY THE ASSESSEE. BOTH THE 2 ITA N OS . 266 TO 268/RJT/2014 MANOJ GANPATRAI JOSHI AUTHORITIES BELOW HELD THAT THE ASSESSEE IS NOT ENTITLED TO CLAIM DEDUCTION OF 30% OF INCENTIVE BONUS IN VIEW OF THE DECISION S OF THE HON BLE APEX COURT REPORTED IN THE CASE OF CIT VS GURUDEO SINGH JAG G I, 267 ITR 763 (MP) AND T.K. GINARAJAN VS CIT (2013) 36 TAXMANN 583 (SC) . BEFORE US ALSO, THE LD. DR PLACED RELIANCE ON THE ABOVE TWO DECISIONS OF THE HON BLE SUPREME COURT. IN T.K. GINARAJAN S CASE (SUPRA) , IT IS SPECIFICALLY HELD THAT AFTER 1.4.1989 ONLY THAT PART OF THE INCENTIVE BONUS AFTER REIMBURSEMENT OF EXPENSES TO THE EXTENT OF 30% WILL APPEAR IN THE SALARY CERTIFICATE AND EXIGIBLE TO TAX. IN VIEW OF THIS BINDING DECISION OF THE HON BLE SUPREME COURT , WE DO NOT FIND ANY ILLEGALITY OR IRREGULARITY IN THE ORDERS OF THE AUTHORITIES BELOW. AT THE SAME TIME, IN VIEW OF THE JUDGMENT OF THE HON BLE SUPREME COURT, THE LATEST OF WHICH WAS DELIVERED ON 1.8.2013, WE DO NOT FIND ANY ILLEGALITY OR IRREGULARITY IN REOPENING OF THE MATTER. WITH THIS VIEW OF THE MATTER, WE DO NOT FIND ANY MERIT IN THE CONTENTIONS OF THE ASSESSEE. GROUNDS OF APPEAL OF ASSESSEE ARE DISMISSED. 3. IN THE RESULT, ALL THE THREE APPEALS OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 2 4 T H MARCH, 2017. SD/ - SD/ - ( S.V. MEHROTRA ) ACCOUNTANT MEMBER ( K. NARASIMHA CHARY ) JUDICIAL MEMBER RAJKOT , DATE : 2 4 T H MARCH , 201 7 *SSL* 3 ITA N OS . 266 TO 268/RJT/2014 MANOJ GANPATRAI JOSHI COPY TO : 1) THE APPELLANT 2) THE RESPONDENT 3) THE CIT(A) CONCERNED 4) THE CIT CONCERNED 5) THE D.R, RAJKOT 6) GUARD FILE BY ORDER DY./ASSTT. REGISTRAR I.T.A.T, RAJKOT