Shiva Automobiles (Auto Division), Aligarh V. I.T.O., Ward-2, Aligarh

ITA 376/AGR/2011

• Counselvise Citation: 37620314 RSA 2011
• Duration Of Justice: 6 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-04-2012
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB
• Next Hearing Date: 25-04-2012
• Assessment Year: 2006-2007
• Appeal Filed On: 04-10-2011
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: A K SHARMA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, AGRA BENCH, AGRA BEFORE : SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI A.L. GEHLOT, ACCOUNTANT MEMBER ITA NO. 376/AGRA/2011 ASSTT. YEAR : 2006-07 SHIVA AUTOMOBILES(AUTO DIVISION), VS. INCOME-TAX OFFICER, PARAO DUBEY, G.T. ROAD, ALIGARH. WARD-2, ALIGARH (PAN : AADFS 4944 G) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI RAJIV KUMAR, C.A. RESPONDENT BY : SHRI A.K. SHARMA, JR. D.R. DATE OF HEARING : 25.04.2012 DATE OF PRONOUNCEMENT OF ORDER : 27.04.2012 ORDER PER BHAVNESH SAINI, J.M.: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE LD. CIT(A), GHAZIABAD DATED 20.07.2011 FOR THE ASSESSMENT YEAR 2006-07. 2. WE HAVE HEARD THE LD. REPRESENTATIVES OF BOTH TH E PARTIES AND PERUSED THE MATERIAL ON RECORD. 3. GROUND NO. 1 IS GENERAL IN NATURE AND IS REJECTE D. ITA NO.376/AGRA/2011 2 4. ON GROUND NO. 2 & 3, THE ASSESSEE CHALLENGED THE DISALLOWANCE OF RS.1,08,513/- U/S. 36(1)(III) ON THE GROUND OF INVE STMENT IN SHARES BY BOOK ENTRY. THE LD. COUNSEL FOR THE ASSESSEE AT THE OUTSET SUBM ITTED THAT THE ISSUE IS COVERED IN FAVOUR OF THE ASSESSEE BY THE ORDERS OF ITAT (SMC) BENCH, AGRA IN THE CASE OF THE SAME ASSESSEE IN ITA NO. 79/AGRA/2011 FOR THE ASSES SMENT YEAR 2001-02 IN WHICH THE TRIBUNAL VIDE ORDER DATED 26.04.2011 SET ASIDE THE ORDER OF THE LD. CIT(A) AND RESTORED THE ISSUE TO THE AO FOR FRESH DECISION AS PER DIRECTION OF HONBLE HIGH COURT IN THE APPEAL FILED BY THE ASSESSEE. SIMILAR LY IN THE SUBSEQUENT ASSESSMENTS 2002-03 TO 2005-06, THE TRIBUNAL DECIDED THE APPEAL S OF THE ASSESSEE IN ITA NO. 372 TO 375/AGRA/2011 VIDE ORDER DATED 28.12.2011 AN D RESTORED THE ISSUE TO THE FILE OF THE AO FOR DECIDING THE ISSUE AFRESH, AS WAS DIR ECTED IN THE ASSESSMENT YEAR 2001-02. COPIES OF THE ORDERS ARE FILED IN THE PAPE R BOOK. THE LD. DR DID NOT DISPUTE THE ORDERS OF THE TRIBUNAL IN THE CASES OF THE ASSESSEE AS HAVE BEEN REFERRED TO ABOVE. 5. ON CONSIDERATION OF THE ABOVE FACTS AND IN THE L IGHT OF EARLIER ORDERS OF THE TRIBUNAL IN THE CASES OF THE ASSESSEE, WE SET ASIDE THE ORDER OF THE LD. AUTHORITIES BELOW AND RESTORE THIS ISSUE TO THE FILE OF THE AO FOR DECIDING THE ISSUE AFRESH AS IS DIRECTED IN ASSESSMENT YEAR 2001-02 (SUPRA). IN THE RESULT, GROUNDS NO. 2 & 3 OF APPEAL OF THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES. ITA NO.376/AGRA/2011 3 6. ON GROUND NO. 4, THE ASSESSEE CHALLENGED THE ORD ER OF THE LD. CIT(A) IN NOT ALLOWING PARTNERS REMUNERATION OUT OF THE ADDITION S MADE. THIS ISSUE WAS RAISED BEFORE THE LD. CIT(A) ON GROUND NO. 4 AND THE LD. C IT(A) NOTED IN THE IMPUGNED ORDER THAT NO SUBMISSIONS HAVE BEEN MADE REGARDING THIS ADDITION. THEREFORE, IT WAS REJECTED. SAME IS THE POSITION BEFORE US AND NO ARGUMENTS HAVE BEEN MADE ON THIS ISSUE. THEREFORE, NO INTERFERENCE IS CALLED FO R AND THIS GROUND OF APPEAL IS, ACCORDINGLY, DISMISSED. 7. ON GROUND NO.5, THE ASSESSEE CHALLENGED THE ADDI TION OF RS.15,000/- OUT OF DISALLOWANCE OF ADVERTISEMENT AND PUBLICITY EXPENSE S. THE AO NOTED IN THE ASSESSMENT ORDER THAT SHOW CAUSE NOTICE WAS ISSUED TO THE ASSESSEE AS TO WHY 1/10 TH OF THE ADVERTISEMENT AND PUBLICITY EXPENSES MAY NOT BE DISALLOWED BECAUSE THE VOUCHERS WERE NOT VERIFIABLE AND CERTAIN VOUCHERS W ERE NOT PRODUCED. THE AO DISALLOWED 1/10 TH OF THE EXPENDITURE IN A SUM OF RS.60,288/-. THE LD . CIT(A) RESTRICTED THE ADDITION TO RS.15,000/-. 8. ON CONSIDERATION OF THE ABOVE FACTS, WE ARE NOT INCLINED TO INTERFERE WITH THE ORDER OF THE LD. CIT(A). THE AO FOUND SPECIFIC DEFE CTS IN THE BILLS AND VOUCHERS AND NO ARGUMENTS HAVE BEEN PUT FORTH BEFORE US AND NO MATERIAL IS PRODUCED TO ITA NO.376/AGRA/2011 4 CONTRADICT THE FINDING OF THE AUTHORITIES BELOW. IN THE ABSENCE OF ANY MATERIAL ON RECORD, WE ARE OF THE VIEW THAT THE LD. CIT(A) HAS ALREADY GRANTED SUFFICIENT RELIEF TO THE ASSESSEE. THEREFORE, GROUND NO. 5 OF THE APP EAL OF ASSESSEE IS DISMISSED. 9. OTHER GROUND IS REGARDING CHARGING OF INTEREST, WHICH IS MANDATORY AND CONSEQUENTIAL AND IS, THEREFORE, REJECTED. 10. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS AL LOWED PARTLY FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (A.L. GEHLOT) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER *AKS/- COPY OF THE ORDER FORWARDED TO : 1. APPELLANT 2. RESPONDENT 3. CIT(A), CONCERNED BY ORDER 4. CIT, CONCERNED 5. DR, ITAT, AGRA 6. GUARD FILE SR. PRIVATE SECRETARY TRUE COPY