The ACIT, Bhopal V. M/s Krishi Upaj Mandi Samiti, Ichhawar, Sehore

ITA 324/IND/2009

• Counselvise Citation: [2009] 115 COUNSELVISE.COM (IT) 1458 (ITAT-INDORE)
• Duration Of Justice: 5 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-11-2009
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 24-11-2009
• Assessment Year: 2006-2007
• Appeal Filed On: 24-06-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V K KARAN

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE BEFORE SHRI JOGINDER SINGH, JM AND SHRI V.K. GUPTA, AM ITA NO.324/IND/2009 AY: 2006-07 ACIT-2(1), BHOPAL .....APPELLANT V/S. KRISHI UPAJ MANDI SAMITI, ICHHAWAR, DISTT. SEHORE (PAN AAALK 0268 Q) .....RESPONDENT DEPARTMENT BY : SHRI V.K. KARAN, SR. DR ASSESSEE BY : NONE ORDER PER JOGINDER SINGH, JM THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 9.4.2009 OF LD. CIT(A)-I, BHOPAL, ON THE FOLLOWING GROUNDS: ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LEARNED COMMISSIONER OF INCOME-TAX (APPEALS) ERRED IN: - 2 1. DELETING THE ADDITION OF RS.14,62,645/- MADE BY THE ASSESSING OFFICER ON ACCOUNT OF ROAD NIDHI, AGRICULTURAL RESEARCH AND GAU SANRAKSHAN. 2. DELETING THE ADDITION OF RS.59,798/- MADE BY THE ASSESSING OFFICER ON ACCOUNT OF DISALLOWANCE OF VARIOUS EXPENSE. 2. DURING HEARING OF THIS APPEAL, THE LD. DR FAIRLY POINTED OUT THAT THE IMPUGNED ISSUES ARE COVERED. HOWEVER, NOBODY IS PRE SENT FOR THE ASSESSEE INSPITE OF RECEIPT OF NOTICE OF HEARING, THEREFORE, WE HAVE NO OPTION BUT TO PROCEED EXPARTE QUA-ASSESSEE AND DECIDE THE APPEAL ON THE BASIS OF MATERIAL AVAILABLE ON RECORD. ON PERUSAL OF RECORD AND CONSIDERING THE ARGUMENTS ADVANCED BY THE LD. SR. DR, WE HAVE FOUND THAT THE IMPUGNED ISSUE I S COVERED BY THE DECISION OF THE TRIBUNAL IN THE CASE OF KRISHI UPAJ MANDI SA MITI, BURHANPUR VS. ITO (2009) (12 ITJ 12/ITAT, INDORE). AS FAR AS THE ISSU E OF GRANT OF REGISTRATION FOR SUCH KRISHI UPAJ MANDI SAMITI IS CONCERNED, THE HONBLE HIGH COURT HAS AFFIRMED THE DECISION OF THE TRIBUNAL IN CIT VS. KR ISHI UPAJ MANDI SAMITI, KHARGONE (ITA NO.52 OF 2008) DATED 6.2.2009 AND SLP OF THE REVENUE WAS DISMISSED BY THE HONBLE APEX COURT. IT IS FURTHER SEEN THAT IN THE IMPUGNED ORDER, THE LD. FIRST APPELLATE AUTHORITY HAS CONSID ERED VARIOUS JUDICIAL PRONOUNCEMENTS AND, ACCORDINGLY, DECIDED THE ISSUE BY FOLLOWING THE AFORESAID JUDICIAL PRONOUNCEMENTS, CONSEQUENTLY, TH ERE IS NO MERIT IN THE APPEAL OF THE REVENUE. 3 IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. SR. DR AT THE CONCLUSION OF THE HEARING ON 24.11.2009. SD/- SD/- (V.K. GUPTA) (JOGINDER SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 24.11.2009 {VYAS} COPY TO: APPELLANT/RESPONDENT/CIT/ CIT(A)/DR