Shri Ashutosh Chandrakant Patal, SILVASSA V. The Income tax Officer, Vapi Ward-1, Vapi

ITA 3119/AHD/2010

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 63268 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 1 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-12-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 28-12-2012
• Assessment Year: 2006-2007
• Appeal Filed On: 24-11-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: Y P VERMA
• Assessee Lawyers: MEHUL K PATEL
• Section: 80IB; 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD B BENCH BEFORE: SHRI D.K. TYAGI, JUDICIAL MEMBER AND SHRI T.R. MEENA, ACCOUNTANT MEMBER I.T.A. NO.3119/AHD/2010 A.Y. 2006-07 ASHUTOSH CHANDRAKANT PATEL ASHUTOSH NEAR POWER HOUSE ZANDA CHOWK, SILVASSA, U.T. OF D & N.H. PAN-AGMPP3734C APPELLANT VS. THE INCOME TAX OFFICER, VAPI WARD-1 VAPI RESPONDENT DEPARTMENT BY : SHRI Y.P. VERMA, SR. D.R. ASSESSEE BY : SHRI MEHUL K. PATEL, A.R. DATE OF HEARING : 28.12.2012 DATE OF PRONOUNCEMENT : 28.12.2012 / ORDER PER : D.K. TYAGI, JUDICIAL MEMBER THIS IS ASSESSEES APPEAL AGAINST THE ORDER OF LD. CIT(A)-1, VALSAD DATED 13.03.2009. 2. THE EFFECTIVE GROUNDS OF APPEAL ARE AS UNDER:- 1. ON APPRECIATION OF THE FACTS AND CIRCUMSTANCES OF THE CASE AND LAW, LD. CIT(A) HAS ERRED IN CONFIRMING THE ACT ION OF THE LD. A.O. IN NOT GRANTING DEDUCTION U/S 80IB TO THE APPE LLANT ON THE BASIS THAT THE APPELLANT HAS NOT EMPLOYED THE REQUI RED NUMBER OF WORKERS AND NOT COMPLIED WITH THE PROVISIONS OF SECTION 80IB(2)(IV) OF THE ACT. THE ACTION OF THE CIT(A) I S CONTRARY TO THE FACTS OF THE CASE AND THE PROVISIONS OF SECTION 80IB ON A PLAIN READING AND LITERAL INTERPRETATION OF THE LAW AND HENCE DESERVES TO BE DELETED. I.T.A. NO.3119/AHD/2010 A.Y. 2006-07 2 2. ON APPRECIATION OF THE FACTS AND CIRCUMSTANCES O F THE CASE AND LAW, LD. CIT(A) HAS ERRED IN CONFIRMING THE ACT ION OF THE A.O. IN NOT GRANTING DEDUCTION U/S 80IB OF THE INCOME TA X ACT, 1961 TO THE APPELLANT. THE ACTION OF THE LD. CIT(A) IS CONTRARY TO THE FACTS AND CIRCUMSTANCES OF THE CASE AND LAW AND DES ERVES TO BE DELETED. 3. ON APPRECIATION OF THE FACTS AND CIRCUMSTANCES O F THE CASE AND LAW, LD. CIT(A) HAS ERRED IN CONFIRMING THE ACT ION OF THE A.O. IN TREATING THE RENTAL INCOME SHOWN BY THE APPELLAN T TO THE TUNE OF RS.3,00,000/- AS INCOME EARNED FROM UNDISCLOSED SOURCES. THE ACTION OF LD. CIT(A) IS BASED ON PRESUMPTIONS A ND SURMISES, AND IS CONTRARY TO THE FACTS AND CIRCUMSTANCES OF T HE CASE AND DESERVES TO BE DELETED. 4. ON APPRECIATION OF THE FACTS AND CIRCUMSTANCES O F THE CASE AND LAW, LD. CIT(A) HAS ERRED IN CONFIRMING THE ACT ION OF THE A.O. IN TREATING THE ADVANCES RECEIVED FROM CUSTOMERS TO THE TUNE OF RS.1,20,000/- AS INCOME OF THE APPELLANT U/S 68 R.W .S. 41(1) OF THE ACT. THE ACTION OF LD. CIT(A) IS BASED ON PRES UMPTIONS AND SURMISES, AND IS CONTRARY TO THE FACTS AND CIRCUMST ANCES OF THE CASE AND DESERVES TO BE DELETED. 5. ON APPRECIATION OF THE FACTS AND CIRCUMSTANCES O F THE CASE AND LAW, LD. CIT(A) HAS ERRED IN CONFIRMING THE ACT ION OF THE A.O. IN MAKING ADDITION ON ACCOUNT OF LEASE RENT TO THE TUNE OF RS.1,20,000/-. THE ACTION OF LD. CIT(A) IS BASED O N PRESUMPTIONS AND SURMISES AND IS CONTRARY TO THE FA CTS AND CIRCUMSTANCES OF THE CASE AND DESERVES TO BE DELETE D. 3. AT THE TIME OF HEARING BEFORE US LD. COUNSEL OF THE ASSESSEE, AT THE OUTSET, SUBMITTED THAT IN ASSESSEES OWN CASE ON ID ENTICAL FACTS THE MATTER WAS SENT BACK TO THE FILE OF THE A.O. BY THE TRIBUN AL VIDE ITS ORDER DATED 18.05.2012 IN I.T.A. NO.3471/AHD/2008 FOR THE A.Y. 2005-06, THEREFORE, THIS YEAR ALSO IT WILL BE IN THE FITNESS OF THINGS IF THE MATTER IS RESTORED BACK TO THE FILE OF THE A.O. FOR FRESH ADJUDICATION. LD . D.R. DID NOT OBJECT TO THIS SUBMISSION OF THE ASSESSEE AND THEREFORE THE MATTER IS RESTORED BACK TO THE FILE OF THE A.O. FOR FRESH ADJUDICATION FOLLOWI NG THE EARLIER DECISION OF I.T.A. NO.3119/AHD/2010 A.Y. 2006-07 3 THE TRIBUNAL IN ASSESSEES OWN CASE FOR THE A.Y. 20 05-06 IN I.T.A. NO.3471/AHD/2008. 4. IN THE RESULT, ASSESSEES APPEAL IS ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN OPEN COURT ON 28.12.2012 SD/- SD/- (T.R. MEENA) (D.K. TYAGI) ACCOUNTANT MEMBER JUDICIAL MEMBER TRUE COPY N.K. CHAUDHARY, SR. P.S. COPY OF THE ORDER FORWARDED TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE LD. CIT (APPEALS) 5. THE DR, AHMEDABAD 6. THE GUARD FILE BY ORDER AR,ITAT,AHMEDABAD