The ITO, Ward-5(2), RAJKOT-GUJARAT V. M/s. Gurudev Transport, RAJKOT-GUJARAT

ITA 366/RJT/2011

• Counselvise Citation: 36624914 RSA 2011
• Duration Of Justice: 7 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-04-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 30-04-2012
• Assessment Year: 2006-2007
• Appeal Filed On: 23-09-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MK SINGH

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBULAL; RAJKOT BENCH, RAJKOT. . .. . . .. . , , , , . .. . . .. . , , , , $ $ $ $ BEFORE SHRI T. K. SHARMA, JM AND SHRI D. K. SRIVAST AVA, AM ITA NO.366/RJT/2011. / ASSESSMENT YEAR:2006-07 THE I.T.O., WARD-5(2), RAJKOT., ( */ APPELLANT) VS. M/S. GURUDEV TRANSPORT. 16/17, RAJRATNA COMPLEX, TAGORE ROAD, RAJKOT. +,*/ RESPONDENT - / REVENUE BY SHRI M. K. SINGH. D.R. /- / ASSESSEE BY NONE. - / DATE OF HEARING 30-04-2012 - / DATE OF PRONOUNCEMENT 30 - 04-2012 / / / / ORDER . .. . . . . . , , , , / T. K. SHARMA, J. M. THIS APPEAL BY THE REVENUE IS AGAINST THE ORDER DATED 09-06-2011 OF CIT (A)-IV, R AJKOT, DIRECTING THE AO TO DELETE THE ADDITION OF RS.24,93,190/- WHICH WAS MAD E BY THE AO ESTIMATING THE PROFIT AT THE RATE OF 5% ON THE GROSS TRANSPORTATIO N RECEIPT OF RS.4,98,63,720/- FOR THE ASSESSMENT YEAR 2006-07. 2. DESPITE THE SERVICE OF NOTICE OF HEARING, ON THE DATE OF HEARING TODAY I.E. 30-04-2012 NO ONE WAS PRESENT FROM THE SIDE OF THE ASSESSEE. WE THEREFORE, PROCEED TO DECIDE THIS APPEAL ON THE BASIS OF SUBMI SSIONS MADE BY LD. D.R. AND MATERIAL AVAILABLE IN THE RECORD. 3. THE ONLY GRIEVANCE OF REVENUE IS THAT WHILE PASS ING THE IMPUGNED ORDER, THE LD. CIT(A) HAS NOT APPRECIATED THE FACTS BROUGH T ON RECORD BY THE AO IN THE ASSESSMENT ORDER. ITA NO 366/RJT/2011 2 4. AFTER HEARING THE LD. D.R., WE HAVE CAREFULLY GO NE THROUGH THE ORDER OF AUTHORITIES BELOW. IT IS PERTINENT TO NOTE THAT NO WHERE IN THE ASSESSMENT ORDER THE AO HAS REJECTED THE BOOKS OF ACCOUNT, IT IS WEL L SETTLED LAW THAT WITHOUT REJECTING THE BOOKS OF ACCOUNT, NO ADDITION BY ESTI MATING THE INCOME OF THE ASSESSEE CAN BE MADE. FOR THIS, IN THE IMPUGNED OR DER THE LD. CIT(A) HAS RELIED ON THE DECISION OF ITAT AHMEDABAD BENCH IN THE CASE OF JAI PULSE MILL VS. ITO (2010) 39 SOT 312 (AHD). THE VIEW TAKEN BY LD. CIT (A) IS IN ACCORDANCE WITH WELL SETTLED JUDICIAL PRONOUNCEMENT ON THIS ISSUE. WE THEREFORE, INCLINED TO UPHELD THE ORDER OF LD. CIT(A). 5. BEFORE PARTING WITH, WE MAY OBSERVE THAT WHEN TR IBUNAL FULLY AGREES WITH THE ORDER OF FIRST APPELLATE ORDER, REASONS NEED NO T BE REPEATED. THIS VIEW IS FORTIFIED BY THE JUDGMENT OF HONBLE SUPREME COURT IN THE CASE OF CIT VS. INDIRA BALKRISHNA [1960] 39 ITR 546 (SC). 6. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. THIS ORDER IS PRONOUNCED IN THE OPEN COURT ON THE D ATE MENTIONED HEREINABOVE. SD/- SD/- ( .. / D. K. SRIVASTAVA) ( .. / T. K. SHARMA) / ACCOUNTANT MEMBER /JUDICIAL MEMBER 3/ ORDER DATE 30-04-2012. /RAJKOT - -- - +4 +4 +4 [phone] / COPY OF ORDER FORWARDED TO:- 1. * / APPELLANT- THE ITO, WARD-5(2), RAJKOT.. 2. +,* / RESPONDENT-M/S. GURUDEV TRANSPORT, RAJKOT. 3. : / CONCERNED CIT-III, RAJKOT. 4. :- / CIT (A)-IV, RAJKOT.. 5. 4 +, , / DR, ITAT, RAJKOT 6. / GUARD FILE. ITA NO 366/RJT/2011 3 / BY ORDER , ASSTT. REGISTRAR , INCOME TAX APPELLATE TRIBUNAL, RAJKOT.