GOLECHA JEWELS, Jaipur V. ITO, Jaipur

ITA 302/JPR/2014

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 5562 (ITAT-JAIPUR)
• Duration Of Justice: 1 year(s) 9 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-01-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 23-04-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJENDER SINGH JCIT DR DHK
• Assessee Lawyers: MADUKAR GARG
• Keywords: Additional evidence

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES (SMC), JAIPUR JH VKJ-IH-RKSYKUH] U;KF;D LNL; DS LE{K BEFORE: SHRI R.P. TOLANI, JUDICIAL MEMBER VK;DJ VIHY LA-@ ITA NO. 302/JP/2014 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2009-10 M/S. GOLECHA JEWELS OPP. HOTEL RAJPUTANA SHERATON PALACE ROAD, JAIPUR CUKE VS. THE ITO WARD- 2 (2) JAIPUR LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO .: AAGFG 0646 N VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI MADUKAR GARG, CA JKTLO DH VKSJ LS@ REVENUE BY :SHRI RAJENDER SINGH, JCIT-. DR LQUOKBZ DH RKJH[K@ DATE OF HEARING : 17/12/2015 ?KKS'K .KK DH RKJH[K@ DATE OF PRONOUNCEMENT : 28 /01/2016 VKNS'K@ ORDER PER R.P. TOLANI, JM THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT(A)-I, JAIPUR DATED 22-01-2014 FOR THE ASSESSM ENT YEAR 2009-10 RAISING THEREIN FOLLOWING GROUNDS AS UNDER:- 1. THAT THE LD. CIT(A) HAS ERRED IN NOT ADMITTING ADDITIONAL EVIDENCE FURNISHED BY THE ASSESSEE. THE ACTION OF THE LD. CIT(A) IN NOT ADMITTING THE ADDITIONAL EVID ENCE IS ILLEGAL AND UNJUSTIFIED. ITA NO. 302/JP/2014 M/S. GOLECHA JEWELS VS. ITO WARD- 2(2), JAIPUR . 2 2. THAT THE LD. CIT(A) HAS ERRED IN HOLDING THAT TH E PROVISIONS OF SECTION 40A(IA) WERE RIGHTLY INVOKED BY THE AO IN RESPECT OF EXHIBITION EXPENSES AND ADVERTISE MENT EXPENSES AND CONFIRMING THE ADDITION MADE BY THE AO . THE ADDITION CONFIRMED IS ILLEGAL, UNJUSTIFIED AND EXCE SSIVE. 3. THAT THE PROVISIONS OF SECTION 40A(IA) WERE NOT APPLICABLE AS THERE WAS NO OUTSTANDING EXPENSES AS AT THE END OF THE YEAR AND THE ENTIRE AMOUNT HAS BEEN PAID. 2.1 DURING THE COURSE OF HEARING, THE LD. AR OF THE ASSESSEE TO THIS EFFECT RELIED ON THE DECISION OF HON'BLE ALLAHABAD HIGH COURT IN THE CASE OF CIT VS. VECTOR SHIPPING SERVICES (P) LTD. 357 I TR 642 AND SUBMITTED THAT THE ENTIRE AMOUNT U/S 40A(IA) HAS BEEN PAID DU RING THE YEAR AND NOTHING WAS OUTSTANDING. 2.2 THE LD. DR RELIED ON THE ORDER OF THE LOWER AUT HORITIES. 2.3 I HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIALS AVAILABLE ON RECORD. RESPECTFULLY FOLLOWING THE DEC ISION OF HON'BLE ALLAHABAD HIGH COURT IN THE CASE OF CIT VS. VECTOR SHIPPING SERVICES (P) LTD. (SUPRA), THE APPEAL OF THE ASSESSEE IS ALLOWED . ITA NO. 302/JP/2014 M/S. GOLECHA JEWELS VS. ITO WARD- 2(2), JAIPUR . 3 3.0 IN THE RESULT, THE APPEAL OF THE ASSESSEE IS A LLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 28/01/201 6 SD/- VKJ-IH-RKSYKUH (R.P.TOLANI) U;KF;D LNL;@ JUDICIAL MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 28 /01/ 2016 *MISHRA VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- M/S. GOLECHA JEWELS , JAIPUR 2. IZR;FKHZ@ THE RESPONDENT- THE ITO,WARD- 2 (2) , JAIPUR 3. VK;DJ VK;QDRVIHY@ CIT(A). 4. VK;DJ VK;QDR@ CIT, 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR 6. XKMZ QKBZY@ GUARD FILE (ITA NO. 302/JP/2014) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ @ ASSISTANT. REGISTRAR