Gujarat Urja Vikas Nigam Ltd., Baroda V. The Dy.CIT.,Circle-1(1), Baroda

ITA 2665/AHD/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 0270 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 11 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-10-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 18-10-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 15-11-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PRADIPKUMAR MAJUMDARSR
• Assessee Lawyers: M J SHAH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD SMC BENC H (BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER & SHRI S. S. GODARA, JUDICIAL MEMBER) ITA. NO: 2665/AHD/2013 (ASSESSMENT YEAR: 2009-10) GUJARAT URJA VIKAS NIGAM LTD. SARDAR PATEL VIDYUT BHAVAN, BARODA 390007 V/S DY. COMMISSIONER OF INCOME TAX, CIRCLE-1(1), BARODA (APPELLANT) (RESPONDENT) PAN: AACCG2861L APPELLANT BY : SHRI M. J. SHAH, AR RESPONDENT BY: SHRI PRADIP KUMAR MAJUMDAR,SR. D.R . ( )/ ORDER DATE OF HEARING : 18-10-201 6 DATE OF PRONOUNCEMENT : 20-10-2016 PER N.K. BILLAIYA, ACCOUNTANT MEMBER: 1. THIS APPEAL BY THE ASSESSEE IS PREFERRED AGAINST TH E ORDER OF LD. CIT(A)-I, BARODA DATED 18.09.2013 PERTAINING TO A.Y. 2009-10. 2. THE SUBSTANTIVE GRIEVANCE OF THE ASSESSEE READS AS UNDER:- ITA NO. 2665 /AHD/2013 . A.Y. 2009-1 0 2 1. THE LD. COMMISSIONER OF INCOME TAX (APPEALS) HAS ER RED IN LAW AND FACTS IN CONFIRMING THE TOTAL VALUE OF FRINGE BENEFITS AT RS . 39,96,561/- ASSESSED BY THE ASSESSING OFFICER AS AGAINST THE RETURNED FRINGE BE NEFITS OF RS. NIL OFFERED BY THE APPELLANT. 2. THE LD. COMMISSIONER OF INCOME TAX (APPEALS) HAS ER RED IN LAW AND FACTS HAS DISMISSED THE GROUND RELATING TO THE CHARGING INTER EST UNDER SECTION 115WJ OF THE INCOME TAX ACT, 1961 ON THE ASSESSED TAX LIABILITY. 3. AT THE VERY OUTSET, THE LD. COUNSEL FOR THE ASSESSE E FAIRLY CONCEDED THAT THE TRIBUNAL IN ASSESSEES OWN CASE VIDE ORDER DATED 11 .10.2013 IN ITA NOS. 2265 & 2266/AHD/2010 HAS DECIDED THE IMPUGNED ISSUE S AGAINST THE ASSESSEE AND IN FAVOUR OF THE REVENUE. 4. WE FIND THAT WHILE DISMISSING THE APPEAL, THE FIRST APPELLATE AUTHORITY HAS FOLLOWED THE DECISION OF HIS PREDECESSOR GIVEN IN A .Y. 2007-08. WE FIND THAT THE TRIBUNAL HAS CONFIRMED THE FINDINGS OF THE FIRST APPELLATE AUTHORITY IN ITA NOS. 2265 & 2266/AHD/2010. AS MENTIONED ELSE WHERE, THE LD. COUNSEL FOR THE ASSESSEE HAD FAIRLY CONCEDED FOR TH E DISMISSAL OF THE APPEAL. THEREFORE, THE APPEAL FILED BY THE ASSESSEE IS DISM ISSED. ORDER PRONOUNCED IN OPEN COURT ON 20 - 10- 2 016. SD/- SD/- (S. S. GODARA) (N. K. BILLAIYA) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD: TRUE COPY RAJESH COPY OF THE ORDER FORWARDED TO: - 1. THE APPELLANT.