Gunatit Chemical Industries, Ankleshwar V. The Income tax Officer,Ward-3, Bharuch

ITA 387/AHD/2009

• Counselvise Citation: [2011] 119 COUNSELVISE.COM (IT) 6892 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 6 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-08-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 24-08-2011
• Assessment Year: 2005-2006
• Appeal Filed On: 06-02-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: B L YADAV

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, AHMEDABAD BEFORE SHRI G.D.AGARWAL, VICE-PRESIDENT (AZ) AND SHRI MUKUL KR.SHRAWAT, JUDICIAL MEMBER I.T.A. NO.387/AHD/2009 (ASSESSMENT YEAR : 2005-06) GUNATIT CHEMICAL INDUSTRIES PLOT NO.502/19 NEAR GIL, GIDC, ANKLESHWAR 393 002 VS. THE INCOME TAX OFFICER WARD-3 BHARUCH PAN/GIR NO. : AABFG 7160 R ( APPELLANT ) .. ( RESPONDENT ) APPELLANT BY : - NONE - RESPONDENT BY: SHRI B.L. YADAV, D.R. DATE OF HEARING : 24/08 /2011 DATE OF PRONOUNCEMENT : 24/08/2011 O R D E R PER SHRI MUKUL KR. SHRAWAT, JUDICIAL MEMBER : THIS IS AN APPEAL AT THE BEHEST OF THE ASSESSEE W HICH HAS EMANATED FROM THE ORDER OF LEARNED CIT(APPEALS)-VI, BARODA DATED 27/11/2008 AS PER FOLLOWING GROUNDS: 1) THE LEARNED CIT (APPEALS) ERRED IN HOLDING THAT THE APPELLANT- FIRM HAS FAILED TO ESTABLISH THE CREDITWORTHINESS O F THE PARTNERS AND CONFIRMING THE ACTION OF THE ASSESSING OFFICER IN TREATING THE AMOUNT OF RS.10,00,500/- AS UNEXPLAINED INVESTM ENT U/S.69 OF THE INCOME TAX ACT, 1961. 2) THE LEARNED CIT (APPEALS) CONSEQUENTLY ERRED IN CON FIRMING THE ACTION OF THE ASSESSING OFFICER IN MAKING THE A DDITION OF RS.10,00,500/- U/S.69 OF THE ACT. ITA NO .387/AHD/2009 GUNATIT CHEMICAL INDUSTRIES VS. ITO ASST.YEAR 2005-06 - 2 - 3) IT IS PRAYED THAT THE ADDITION OF RS.10,00,500/- BE TREATED AS ERRONEOUS AND CONTRARY TO THE FACTS OF THE CASE AND , THEREFORE, BE DIRECTED TO BE DELETED. 4) THE ABOVE GROUNDS OF APPEAL ARE ALTERNATIVE AND WIT HOUT PREJUDICE TO EACH OTHER. 5) YOUR APPELLANT CRAVES LEAVE TO ADD, ALTER OR AMEND ANY OF THE GROUNDS MENTIONED ABOVE. 2. AS PER ORDER SHEET DATED 16/06/2011, ON THE BA SIS OF AN APPLICATION DATED 14/06/2011 FILED BY THE ASSESSEE, HEARING WAS ADJOURNED TO 24/08/2011 BY GRANTING AS LAST OPPORTU NITY. TODAY, NO ONE HAS APPEARED ON BEHALF OF ASSESSEE. UNDER THE CIRCUMSTANCES, WE HAVE NO OPTION BUT TO DISMISS THIS APPEAL SINCE THE ASSESSEE IS NOT INTERESTED IN PURSUING WITH ITS APPEAL. THEREFORE, IN VIEW OF HON'BLE MADHYA PRADESH HIGH COURT DECISION IN THE CASE OF E STATE OF LATE TUKOJIRAO HOLKA VS. CWT (1997) 223 ITR 480 (M.P.) A ND OF HON'BLE DELHI TRIBUNAL DECISION IN THE CASE OF CIT VS. MU LTIPLAN INDIA (PVT.) LTD. 38 ITD 320 (DELHI), WE DISMISS THE APPEAL OF THE ASSESSEE IN LIMINE . 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DI SMISSED. ORDER PRONOUNCED IN THE COURT ON 24/ 08 /2011. ( G.D. AGARWAL ) ( MUKUL KR. SHRAWAT ) VICE PRESIDENT (AZ) JUDICIAL ME MBER AHMEDABAD; DATED 24 / 08 /2011 T.C. NAIR, SR. PS ITA NO .387/AHD/2009 GUNATIT CHEMICAL INDUSTRIES VS. ITO ASST.YEAR 2005-06 - 3 - COPY OF THE ORDER FORWARDED TO : 1. THE ASSESSEE. 2. THE DEPARTMENT. 3. THE CIT CONCERNED 4. THE LD. CIT(APPEALS)-VI, BARODA 5. THE DR, AHMEDABAD BENCH 6. THE GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT.REGISTRAR), ITAT, AHMEDABAD 1. DATE OF DICTATION.24/08/2011. 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 24/08/2011 OTHER MEMBER 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S.. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S 25.8.11 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 25.8.11 7. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 8. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 9. DATE OF DESPATCH OF THE ORDER