The ACIT, Central Circle-1, Surat V. M/s. Gambhir Silk Mills, Surat

ITA 2689/AHD/2007

• Counselvise Citation: [2011] 135 COUNSELVISE.COM (IT) 2422 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 6 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-01-2011
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 04-01-2011
• Assessment Year: 2004-2005
• Appeal Filed On: 15-06-2007
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: AN D CROSS OBJECTIONS FILED
• Keywords: Validity of assessment

Judgement Text

IN IN IN IN THE INCOME TAX APPELLATE TRIBUNAL THE INCOME TAX APPELLATE TRIBUNAL THE INCOME TAX APPELLATE TRIBUNAL THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH AHMEDABAD BENCH AHMEDABAD BENCH AHMEDABAD BENCH B BB B BEFORE BEFORE BEFORE BEFORE SHRI SHRI SHRI SHRI T.K.SHARMA T.K.SHARMA T.K.SHARMA T.K.SHARMA, JUDICIAL MEMBER , JUDICIAL MEMBER , JUDICIAL MEMBER , JUDICIAL MEMBER AND AND AND AND SHRI N.S. SAINI, ACCOUNTANT MEMBER SHRI N.S. SAINI, ACCOUNTANT MEMBER SHRI N.S. SAINI, ACCOUNTANT MEMBER SHRI N.S. SAINI, ACCOUNTANT MEMBER DATE OF HEARING:4-1-2011 DRAFTED ON: 4- 1-2011 ITA NO. 2689 /AHD/ 2007 ITA.NO.2690/AHD/2007 ASSESSMENT YEARS : 2004-05 & 2005-06 ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, AAYAKAR BHAVAN, MAJURA GATE, SURAT. VS. M/S.GAMBHIR SILK MILLS 3012-3017,ASHOKA TOWER, RING ROAD, SURAT. PAN/GIR NO. : AACFG 2 279 F (A PPELLANT ) .. ( RESPONDENT ) TE OF HEARING:4-1-2011 DRAFTED ON: 4-1-2011 C.O. NO. 134 /AHD/ 2010 (ARISING OUT OF ITA.2689/AHD/07 ASSESSMENT YEAR : 2004-05 C.O.NO.259/AHD/2007 (ARISING OUT OF ITA.2690/AHD/07) ASSESSMENT YEAR : 2005-06 M/S.GAMBHIR SILK MILLS 3012-3017,ASHOKA TOWER, RING ROAD, SURAT. VS. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, AAYAKAR BHAVAN, MAJURA GATE, SURAT. PAN/GIR NO . : AACFG 2279 F (A PPELLANT ) .. ( RESPONDENT ) B Y REVENUE : SHRI K.MADHUSUDAN, SR. D.R. B Y: ASSESSEE : SHRI RAJESH C. SHAH. O R D E R O R D E R O R D E R O R D E R PER BENCH :- THESE ARE THE TWO APPEALS FILED BY THE REVENUE AN D CROSS OBJECTIONS FILED BY THE ASSESSEE AGAINST THE ORDER OF LEARNED COMMISSIONER OF INCOME TAX(APPEALS)-II, AHMEDABAD, DATED 29-3-2007 FOR ASS ESSMENT YEAR 2004-05 AND 2005-06 RESPECTIVELY. - 2 - ITA.2689-2690/AHD/2007 . CO 134/AHD/10 & CO 259/AHD/07 . A.YRS. 2004-05 & 2005-0 6. 2. THE SOLE GROUND OF CROSS OBJECTION TAKEN BY THE ASSESSEE IN ASSESSMENT YEAR 2004-05 IS THAT ON THE FACTS AND ON THE CIRCUM STANCES OF THE CASE, COMMISSIONER OF INCOME TAX (APPEALS) HAS ERRED IN U PHOLDING THE VALIDITY OF ASSESSMENT U/S. 153C OF THE ACT. IN ASSESSMENT YEAR 2005-06 THE ASSESSEE HAS TAKEN THE SAME GROUND AS AN ADDITIONAL GROUND OF AP PEAL. 3. THE ADDITIONAL GROUND TAKEN IN THE CROSS OBJECTI ON FILED FOR ASSESSMENT YEAR 2005-06 IS A LEGAL GROUND AND THEREFORE ALLOWE D TO BE RAISED BY THE ASSESSEE. 4. AT THE TIME OF HEARING THE AUTHORISED REPRESENTA TIVE OF THE ASSESSEE SUBMITTED THAT IN THE INSTANT CASE PROCEEDINGS U/S. 153C WERE INITIATED WITHOUT RECORDING OF SATISFACTION WHICH IS A CONDITION PREC EDENT FOR INVOKING PROVISIONS OF SECTION 153. HE ALSO PLACED RELIANCE ON THE DECI SION OF THIS TRIBUNAL IN THE CASE OF ASSESSEE ITSELF PASSED IN ITA.NO.2684 TO 26 88/AHD/2007 FOR ASSESSMENT YEARS 1999-2000 TO 2003-04 AND IN C.O.NO S.254 TO 258/AHD/2007 FOR ASSESSMENT YEAR 1999-2000 TO 2003-04 ORDER DATE D 5-2-2010. 5. BOTH THE PARTIES AGREED THAT THIS ISSUE WAS NOT ADJUDICATED BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) AND THEREFORE, THE ISSUE SHOULD BE RESTORED TO THE FILE OF THE LD. COMMISSIONER OF INC OME TAX (APPEALS) FOR ADJUDICATION AFTER VERIFICATION. WE ORDER ACCORDING LY. THUS, THIS GROUND OF CROSS OBJECTION OF THE ASSESSEE IS ALLOWED FOR STATISTICA L PURPOSES. 6. AS WE HAVE RESTORED THE ISSUE OF VALIDITY OF ASS ESSMENT MADE U/S. 153C FOR BOTH THE YEARS TO THE FILE OF THE LD. COMMISSIO NER OF INCOME TAX (APPEALS), WE ALSO RESTORE THE ISSUES INVOLVED IN THE GROUNDS OF APPEAL OF THE REVENUE TO THE FILE OF THE LD COMMISSIONER OF INCOME TAX (APPE ALS) FOR FRESH ADJUDICATION AFTER DECIDING THE GROUND OF VALIDITY OF ASSESSMENT U/S. 153C AS PER LAW. 7. THUS THE APPEALS OF THE REVENUE AS WELL AS THE C ROSS OBJECTIONS OF THE ASSESSEE BOTH ARE ALLOWED FOR STATISTICAL PURPOSES. ORDER SIGNED, DATED AND PRONOUNCED IN THE COURT ON 7 TH DAY OF JANUARY, 2011. SD/- SD/- ( T.K. SHARMA ) ( T.K. SHARMA ) ( T.K. SHARMA ) ( T.K. SHARMA ) ( N.S. SAINI ) ( N.S. SAINI ) ( N.S. SAINI ) ( N.S. SAINI ) JUDICIAL M JUDICIAL M JUDICIAL M JUDICIAL MEMBER EMBER EMBER EMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER DATED: AHMEDABAD, 7 TH DAY OF JANUARY, 2011. - 3 - ITA.2689-2690/AHD/2007 . CO 134/AHD/10 & CO 259/AHD/07 . A.YRS. 2004-05 & 2005-0 6. COMPILED AND COMPARED BY : PATKI COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE LD. CIT(APPEALS)-II, AHMEDABAD. 5. THE DR, AHMEDABAD BENCH 6. THE GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT.REGISTRAR), ITAT, AHMEDABAD DATE INITIALS 1. DRAFT DICTATED ON 5-1-2011 ---------------- --- 2. DRAFT PLACED BEFORE AUTHORITY 5-1-2011 ------- ------------ 3. DRAFT PROPOSED & PLACED 5-1-2011 ------------- ----- JM BEFORE THE SECOND MEMBER 4. DRAFT DISCUSSED/APPROVED --------------- ---- --------------- JM/AM BY SECOND MEMBER 5. APPROVED DRAFT COMES TO P.S ---------------- -- ------------------ 6. KEPT FOR PRONOUNCEMENT ON ---------------- -- ------------------ 7. FILE SENT TO THE BENCH CLERK ---------------- -------------------- 8. DATE ON WHICH FILE GOES TO THE ---------------- -------------------- 9. DATE OF DISPATCH OF ORDER ---------------- -- -------------------