ACIT,Circle-1, Gwalior V. M/s Osho Associates, Gwalior

ITA 368/AGR/2009

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 7081 (ITAT-AGRA)
• Duration Of Justice: 1 year(s) 6 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-04-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 30-03-2011
• Assessment Year: 2006-2007
• Appeal Filed On: 09-09-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A K SHARMA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AGRA BENCH, AGRA BEFORE SHRI P.K. BANSAL, ACCOUNTANT MEMBER AND SHRI H.S. SIDHU, JUDICIAL MEMBER ITA NOS. 367 & 368/AGR/2009 ASST. YEARS: 2004-05 & 2006-07 RESPECTIVELY ASSTT. COMMISSIONER OF INCOME TAX, VS. M/S. OSHO A SSOCIATES, CIRCLE-I, GWALIOR. N-2, GANDHI NAGAR, GWALIOR. (PAN : AAIFA 8181C). (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI A.K. SHARMA, JR. D.R. RESPONDENT BY : SHRI RAJENDRA SHARMA, ADVOCATE, ORDER PER H.S. SIDHU, J.M. : THE REVENUE HAS FILED THE PRESENT APPEALS AGAINST T HE COMBINED ORDER DATED 02.06.2009 PASSED BY THE LD. CIT(A), GWALIOR ON THE FOLLOWING GROUNDS :- GROUND IN ITA NO.367/AGR/2009 FOR A.Y. 2004-05 :- 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CA SE THE LD. CIT (APPEALS) HAS ERRED IN DELETING THE ADDITION OF ` 9,56,326/- ON ACCOUNT OF ADDITION ON G.P. 2 GROUND IN ITA NO.368/AGR/2009 FOR A.Y. 2006-07 :- 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CA SE THE LD. CIT (APPEALS) HAS ERRED IN DELETING THE ADDITION OF ` 8,77,234/- ON ACCOUNT OF ADDITION ON G.P. 2. THE FACTS ARE NOT DISPUTED BY BOTH THE PARTIES A ND, THEREFORE, NO NEED TO REPEAT THE SAME FOR THE SAKE OF CONVENIENCE. 3. AT THE TIME OF HEARING THE LD. COUNSEL FOR THE A SSESSEE STATED THAT THE ISSUE IN DISPUTE HAS ALREADY BEEN DECIDED BY THIS BENCH IN F AVOUR OF THE ASSESSEE BY DISMISSING THE APPEAL FIELD BY THE REVENUE IN ITA N O.704/AGR/2008 IN ASSESSEES OWN CASE FOR THE ASSESSMENT YEAR 2005-06 VIDE ORDER DATED 17 TH SEPTEMBER, 2010. HE FURTHER STATED THAT THE AFORESAID ORDER HAS ALSO BEEN FOLLOWED BY THIS BENCH IN ITA NO.65/AGR/2006 IN ASSESSEES OWN CASE FOR THE A SSESSMENT YEAR 2002-03 VIDE ORDER DATED 4 TH FEBRUARY, 2011. THE LD. COUNSEL FOR THE ASSESSEE ALSO PRODUCED THE AFORESAID ORDERS PASSED BY THIS BENCH. HE REQUESTE D THAT BOTH THE APPEALS FILED BY THE REVENUE MAY BE DISMISSED. 4. THE LD. D.R. CONCEDED THE SAME AND ONLY RELIED U PON THE ORDER PASSED BY THE ASSESSING OFFICER. 3 5. AFTER GOING THROUGH THE ORDERS PASSED BY THIS BE NCH IN ITA NOS.704/AGR/2008 FOR THE ASSESSMENT YEAR 2005-06 AN D 65/AGR/2006 FOR THE ASSESSMENT YEAR 2002-03 IN ASSESSEES OWN CASE, WE ARE OF THE CONSIDERED OPINION THAT THE ISSUE IN DISPUTE HAS ALREADY BEEN DECIDED BY THIS BENCH IN FAVOUR OF THE ASSESSEE BY DISMISSING THE APPEALS FIELD BY THE REV ENUE. RESPECTFULLY FOLLOWING THE AFORESAID ORDERS PASSED BY THIS BENCH, WE DISMI SS THE PRESENT APPEALS FILED BY THE REVENUE. 6. IN THE RESULT, APPEALS FILED BY THE REVENUE ARE DISMISSED. (ORDER PRONOUNCED IN THE OPEN COURT ON 08.04.2011). SD/- SD/- (P.K. BANSAL) (H.S. SIDHU) ACCOUNTANT MEMBER JUDICIAL MEMBER PLACE: AGRA DATE: 8 TH APRIL, 2011 PBN/* COPY OF THE ORDER FORWARDED TO: 1. APPELLANT 2. RESPONDENT BY ORDER 3. CIT CONCERNED 4. CIT (APPEALS) CONCERNED 5. DR, ITAT, AGRA BENCH, AGRA 6. GUARD FILE ASSISTANT REGISTRAR INCOME-TAX APPELLATE TRI BUNAL, AGRA TRUE COPY