M/s. Gujarat Narmada Valley Fertilizers Co.Ltd., Bharuch V. The Jt.CIT., Bharuch Range, Bharuch

ITA 3871/AHD/2008

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 89381 (ITAT-AHMEDABAD)
• Duration Of Justice: 6 year(s) 5 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-04-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Next Hearing Date: 23-04-2015
• Assessment Year: 2005-2006
• Appeal Filed On: 27-11-2008
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SONIA KUMAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD D BENCH BEFORE: SHRI SHAILENDRA KR. YADAV, JUDICIAL MEMBER AND SHRI ANIL CHATURVEDI, ACCOUNTAN T MEMBER GUJARAT NARMADA VALLEY FERTILIZERS CO. LTD, (NARMADA CHEMATUR PETROCHEMICALS LTD NOW MERGED WITH GNFC LTD) P.O. NARMADANAGAR, BHARUCH (APPELLANT) VS JOINT COMMISSION OF INCOME TAX, BHARUCH RANGE, BHARUCH. (RESPONDENT) REVENUE BY: SMT. SONIA KUMAR, SR.D.R. ASSESSEE BY: SHRI SANJAY R. SHAH , A.R. DATE OF HEARING : 23-04-2015 DATE OF PRONOUNCEMENT : 30-04-2015 / ORDER PER : SHAILENDRA KR. YADAV, JUDICIAL MEMBER:- THIS IS A RECALLED MATTER. IN FACT, APPEAL HAS RE CALLED VIS- A-VIS GROUND NO. 6 WHICH WAS NOT ADJUDICATED AT THE RELEVANT ITA NO. 3871/AHD/2008 ASSESSMENT YEAR 2005-06 I.T.A NO. 3871/AHD/2008 A.Y. 2005-06 PAGE NO GUJARAT NARMADA VALLEY FERTILIZERS CO. LTD VS. JCIT 2 POINT OF TIME SO IT WAS RECALLED. ORDER WAS RECAL LED BY WAY OF MISCELLANEOUS APPLICATION ON THIS ISSUE. SO, ISSU E BEFORE US IS WITH REGARD TO DISALLOWANCE U/S. 40(A)(IA) OF TH E EXPENSES AMOUNTING TO RS. 40,40,269/- TO THE CONSIGNMENT AGE NT. IN THIS REGARD, LD. AUTHORIZED REPRESENTATIVE POINTED OUT THAT THIS ISSUE HAS BEEN DELETED IN ASSESSEES OWN CASE IN ITA NO. 827 AND 1003/AHD/2010 FOR A.Y. 2006-07 WHEREIN SIMI LAR ISSUE VIDE PARA 37 HAS BEEN DECIDED IN FAVOUR OF AS SESSEE BY OBSERVING AS UNDER:- 37. WE HAVE PERUSED THE ORDER OF THE AUTHORITIES B ELOW AND HEARD THE ARGUMENTS BOTH THE SIDES. THE NATURE OF PAYMENT IS REIMBURSEMENT OF ACTUAL EXPENSES INCURRE D BY THE AGENT WHICH NECESSARY EVIDENCE HAS BEEN FILED B EFORE US. THE AGENT HAD DEDUCTED THE TDS ON THESE PAYMENT S AND PAID TO THE EXCHEQUER WITHIN PRESCRIBED TIME. THUS, WE DO NOT FIND ANY REASON TO INTERVENE IN THE ORDER OF CIT(A). ACCORDINGLY, WE DISMISS THE APPEAL OF THE REVENUE. 2. NOTHING CONTRARY HAS BEEN BROUGHT TO OUR KNOWLED GE ON BEHALF OF THE ASSESSEE. FACTS BEING SIMILAR SO FOL LOWING SAME REASONING, WE ARE NOT INCLINED TO CONCUR WITH THE F INDINGS OF LD. CIT(A) WHO HAS CONFIRMED THE DISALLOWANCE U/S. 40(A)(IA) OF EXPENSES AMOUNTING TO RS. 40,40,269/- REIMBURSED TO THE CONSIGNMENT AGENT. ACCORDINGLY, AO IS DIRECTED TO DELETE THE SAME. I.T.A NO. 3871/AHD/2008 A.Y. 2005-06 PAGE NO GUJARAT NARMADA VALLEY FERTILIZERS CO. LTD VS. JCIT 3 3. AS A RESULT, APPEAL FILED BY ASSESSEE ON THIS IS SUE IS ALLOWED AS INDICATED ABOVE. ORDER PRONOUNCED IN OPEN COURT ON THE DATE MENTIONE D HEREINABOVE AT CAPTION PAGE I.E. 30/04/2015 SD/- SD/- (ANIL CHATURVEDI) (SHAILENDRA K R. YADAV) ACCOUNTANT MEMBER JUDICIAL ME MBER AHMEDABAD : DATED 30/04/2015 AK / COPY OF ORDER FORWARDED TO:- 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,