ITO, SUMERPUR V. M/s. Maharaja Ummed Singh Krishi Upaj, SUMERPUR

ITA 327/JODH/2010

• Counselvise Citation: 32723314 RSA 2010
• Duration Of Justice: 1 year(s) 7 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-12-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 13-12-2011
• Assessment Year: 2007-2008
• Appeal Filed On: 11-05-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUBHASH CHANDRA
• Assessee Lawyers: DINESH SINGHAL

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL JODHPUR BENCH, JODHPUR (BEFORE SHRI R.K. GUPTA AND SHRI .N.L. KALRA ) ITA NO327/JU/2010 ASSESSMENT YEAR : 2007-08 PAN: AAALS 0780 P THE ITO VS. M/S. MAHARAJA UMMED SINGH KRISHI UPA J MANDI SAMITI WARD- SUMERPUR SUMERPUR (APPELLANT) (RESPONDENT) DEPARTMENT BY: SHRI SUBHASH CHANDRA ASSESSEE BY : SHRI DINESH SINGHAL DATE OF HEARING: 13-12-2011 DATE OF PRONOUNCEMENT: 16-12-2011 ORDER PER N.L. KALRA, AM:- THE REVENUE HAS FILED AN APPEAL AGAINST THE ORD ER OF THE LD.CIT (A),JODHPUR DATED 04-03-2010 FOR THE ASSESSMENT YEAR 2007-08. 2.1 THE SOLITARY GROUND OF THE REVENUE IS THAT THE LD. CIT(A) HAS ERRED IN HOLDING THAT THE PROVISIONS OF SECTION 40A(IA) OF THE ACT I S NOT APPLICABLE IN THE CASE OF THE ASSESSEE AND DELETING THE DISALLOWANCE OF RS. 1,09, 00,000/- IGNORING THE FACTS MENTIONED BY THE AO IN THE ASSESSMENT ORDER AND WITHOUT APPRE CIATING THE LEGALITY OF THE ISSUE INVOLVED IN THE CASE. 2.2 WE HAVE HEARD BOTH THE PARTIES. THIS ISSUE HAS BEEN DECIDED BY US AGAINST THE REVENUE WHILE DISPOSING OFF THE APPEAL IN THE CASE OF KRISHI UPAJ MANDI SAMIT, SRI VIJAYNAGAR (ITA NO. 249/JU/2010 FOR THE ASSESSMENT YEAR 2007-08). FOLLOWING OUR FINDINGS IN THAT CASE, WE HOLD THAT THE LD.CIT(A) W AS JUSTIFIED IN DELETING THE ADDITION. 2 3.0 IN THE RESULT, THE APPEAL OF THE REVENUE IS D ISMISSED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 16- 12-2011. SD/- SD/- (R.K. GUPTA) (N.L. KALRA) JUDICIAL MEMBER ACCOUNTANT MEMBER JODHPUR DATED: 16/12/2011 MISHRA COPY TO: 1. THE ITO, SUMERPUR 2. M/S. MAHARAJA UMMED SINGH KRISHI UPAJ MANDI SAMI TI, SUMERPUR 3.THE LD. CIT (A) BY ORDER 4.THE CIT 5.THE D/R 6.THE GUARD FILE (ITA NO.327/JU/10 ) A.R.. ITAT: JODHPUR 3 4 5 6