The Dy. CIT, Circle-1(1)(1), Ahmedabad V. M/s. Aakash Oil Field Services Pvt. Ltd., Ahmedabad

ITA 3453/AHD/2016

• Counselvise Citation: [2018] 118 COUNSELVISE.COM (IT) 8868 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-12-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2013-2014
• Appeal Filed On: 21-12-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: LALIT P JAIN
• Assessee Lawyers: S N DIVATIA

Judgement Text

ITA NO.3453/AHD/2016 ASSESSMENT YEAR: 2013-14 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD D BENCH, AHMEDABAD [CORAM: JUSTICE P P BHATT, PRESIDENT AND PRAMOD KUM AR, VICE PRESIDENT] ITA NO.3453/AHD/2016 ASSESSMENT YEAR: 2013-14 DY. COMMISSIONER OF INCOME TAX, CIRCLE 1(1)(1), AHMEDABAD. ............ APPELLANT VS. AAKASH OIL FIELD SERVICES PVT. LTD., .... RESPONDENT 52-B, NEW YORK TOWER-A, NR. THALTEJ CROSS ROAD, THALTEJ S.G. HIGHWAY, AHMEDABAD 380 054. [PAN: AADCA 4550 D] APPEARANCES BY LALIT P. JAIN FOR THE APPELLANT S.N. DIVATIA FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : 03.12.2018 DATE OF PRONOUNCEMENT : 26.12.2018 O R D E R PER PRAMOD KUMAR, VICE PRESIDENT: 1. BY WAY OF THIS APPEAL, THE APPELLANT ASSESSING O FFICER HAS CHALLENGED CORRECTNESS OF THE ORDER DATED 27 TH OCTOBER, 2016, PASSED BY THE LEARNED CIT(A), FOR T HE ASSESSMENT YEAR 2013-14, ON THE FOLLOWING GROUNDS: 1. THAT THE LD. CIT(A) ERRED IN LAW AND ON FAC TS IN DELETING THE ADDITION OF RS.72,72,922/- MADE ON ACCOUNT OF DISAL LOWANCE OF EXCESS DEPRECATION @ 30% INSTEAD OF @15% CLAIMED ON VEHICL ES. ON THE FACT AND IN THE CIRCUMSTANCES OF THE CASE AN D IN LAW, THE LD. CIT(A) OUGHT TO HAVE UPHELD THE ORDER OF THE ASSESS ING OFFICER TO THE EXTENT MENTIONED ABOVE SINCE THE ASSESSEE HAS FAILE D TO DISCLOSE HIS TRUE INCOME/BOOK PROFIT. THE APPELLANT PRAYS THAT THE ORDER OF CIT(A) ON THE ABOVE GROUNDS BE SET ASIDE AND THAT OF THE ASSESSING OFFICER BE REST ORED TO THE ABOVE EXTENT. ITA NO.3453/AHD/2016 ASSESSMENT YEAR: 2013-14 PAGE 2 OF 2 2. WHEN THIS APPEAL WAS CALLED OUT FOR HEARING, LEA RNED REPRESENTATIVES FAIRLY AGREED THAT THE ISSUE IN APPEAL IS COVERED, IN FAVO UR OF THE ASSESSEE, BY A CO-ORDINATE BENCHS DECISION DATED 23.08.2017 IN THE CASE OF TH IS VERY ASSESSEE FOR THE ASSESSMENT YEAR 2011-12 ON IDENTICAL ISSUE. A COPY OF THE SAI D DECISION WAS ALSO PLACED BEFORE US. THE CO-ORDINATE BENCH OF THIS TRIBUNAL IN THE SAID DECISION DATED 23.08.2017, ON IDENTICAL ISSUE, INTER ALIA , OBSERVED AS FOLLOWS: - 5. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIAL ON RECORD. THE ASSESSEE WAS ENGAGED IN THE BUSINESS OF PROVIDI NG OIL FIELD RELATED EQUIPMENTS LIKE PUMPING UNITS, AIR COMPRESSOR, DG S ETS AND TANKERS ON HIRING BASIS. THE ASSESSEE HAS BEEN HIRING THE VEHICLES T O PARTIES NAMELY OIL & NATURAL GAS CORPORATION LIMITED (ONGC), JOSHI TECHNOLOGIES INTERNATIONAL (JTI), GUJARAT STATE PETROLEUM CORPORATION LIMITED (GSPC) ETC. TH E WORK ORDERS DEMONSTRATE THAT THE ASSESSEE HAD CARRIED OUT HIRING ACTIVITIES AND SAME WAS REFLECTED IN THE CONTRACT RECEIPT. AFTER CONSIDERING THESE FACTS AN D THE DETAILED FINDINGS OF THE LD. CIT(A) WE DO NOT FIND ANY REASON TO INTERFERE IN HI S DECISION. THEREFORE, THE APPEAL OF THE REVENUE IS DISMISSED. 3. SINCE THE ISSUE RAISED BY THE REVENUE BEING IDEN TICAL TO THAT OF ASSESSMENT YEAR 2011-12, WE SEE NO REASONS TO TAKE ANY OTHER VIEW O F THE MATTER THAN THE VIEW SO TAKEN BY THE CO-ORDINATE BENCH. 4. RESPECTFULLY FOLLOWING THE TRIBUNALS DECISION D ATED 23.08.2017, IN ASSESSEES OWN CASE FOR THE ASSESSMENT YEAR 2011-12, WE CONFIR M THE ORDER OF THE LD. CIT(A) AND DISMISS THE GROUNDS RAISED BY THE REVENUE. 5. IN THE RESULT, THE APPEAL IS DISMISSED. PRONOUN CED IN THE OPEN COURT TODAY ON THE 26 TH DAY OF DECEMBER, 2018. SD/- SD/- JUSTICE P P BHATT PRAMOD KUMAR (PRESIDENT) (VICE PRESIDENT) AHMEDABAD, DATED THE 26 TH DAY OF DECEMBER, 2018 PBN/* COPIES TO: (1) THE APPELLANT (2) THE RESPOND ENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD