The ITO, Ward-10(4), Ahmedabad V. M/s. The Navigators, Ahmedabad

ITA 2780/AHD/2012

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 67878 (ITAT-AHMEDABAD)
• Duration Of Justice: 10 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-10-2013
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 30-10-2013
• Assessment Year: 2009-2010
• Appeal Filed On: 10-12-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: P L KUREEL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD B BENCH BEFORE: SRI D.K TYAGI, JUDICIAL MEMBER AND SHRI ANIL CHATURVEDI, ACCOUNTAN T MEMBER ITO, WARD-10(4), AHMEDABAD (APPELLANT) VS M/S. THE NAVIGATORS, 402, ANUJ COMPLEX, NR. SARDAR PATEL SEVA SAMAJ, OFF. C.G. ROAD, AHMEDABAD-380009 PAN: AABFT4612Q (RESPONDENT) REVENUE BY: SRI P.L. KUREEL, SR.D.R. ASSESSEE BY: SRI TUSHAR HEMANI, A.R. DATE OF HEARING : 30-10-2013 DATE OF PRONOUNCEMENT : 31-10-20 13 / ORDER PER : D.K. TYAGI, JUDICIAL MEMBER:- THIS IS THE REVENUES APPEAL AGAINST THE ORDER OF LD. CIT(A)-XVI, AHMEDABAD DATED 10-09-2012. ITA NO. 2780/AHD/2012 ASSESSMENT YEAR 2009-10 I.T.A NO.2780/AHD/2012 A.Y. 2009-10 PAGE NO ITO VS. M/S. THE NAVIGATORS. 2 2. THE REVENUE HAS TAKEN FOLLOWING GROUNDS OF APPEA L:- 1. THE LD. CIT(A) HAS ERRED IN LAW AND ON FACTS IN DELETING THE ADDITION OF RS. 7,81,446/-, RS. 44,944/-, AND RS. 2 ,10,000/- MADE U/S. 40(A)(IA) OF THE ACT WITHOUT CONSIDERING THE FACT T HAT THE PROVISIONS OF SEC. 40(A)(IA) R.W.S. 194A OF THE ACT ARE SQUARELY APPLICABLE TO THE FACTS OF THE ASSESSEES CASE AND THE DISALLOWANCE H AVE CORRECTLY BEEN MADE BY THE AO. 3. AT THE TIME OF HEARING BOTH THE PARTIES AGREED T HAT AO DISALLOWED VARIOUS EXPENSES U/S. 40(A)(IA) OF THE ACT AND LD C IT(A) HAS GIVEN RELIEF TO THE ASSESSEE BY PLACING RELIANCE ON THE DECISION OF SPECIAL BENCH ITAT VISHAKHAPATNAM IN THE CASE OF MERILYN SHIPPING & T RANSPORTS VS. ACIT 136 ITD 23. SINCE THIS DECISION OF SPECIAL BENCH HAS BEEN HELD TO BE NOT A GOOD LAW ON THE ISSUE BY THE JURISDICTIONAL GUJARAT HIGH COURT, MATTER REQUIRES FRESH ADJUDICATION BY THE LD. CIT(A) ON ME RITS. FOR THIS PURPOSE THE MATTER IS THEREFORE RESTORED BACK TO THE FILE O F LD. CIT(A). 4. IN THE RESULT, REVENUES APPEAL IS ALLOWED FOR S TATISTICAL PURPOSE. ORDER PRONOUNCED IN OPEN COURT ON THE DATE MENTIONE D HEREINABOVE AT CAPTION PAGE SD/- SD/- (ANIL CHATURVEDI) ( D.K. TYAGI) ACCOUNTANT MEMBER J UDICIAL MEMBER AHMEDABAD : DATED 31/10/2013 AK I.T.A NO.2780/AHD/2012 A.Y. 2009-10 PAGE NO ITO VS. M/S. THE NAVIGATORS. 3 / COPY OF ORDER FORWARDED TO:- 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,