The Assistant Comissioner of Income Tax, Central Circle-1, RAJKOT-GUJARAT V. M/s. Western India Ceramics Pvt. Ltd.,

ITA 390/RJT/2014

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 2271 (ITAT-RAJKOT)
• Duration Of Justice: 1 year(s) 8 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-03-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 02-03-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 16-06-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: C S ANJARIA
• Assessee Lawyers: DM RINDANI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT [CONDUCTED THROUGH E-COURT AT AH MEDABAD] (BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER & SHRI S.S. GODARA, JUDICIAL MEMBER) ITA. NO: 390/RJT/2014 (ASSESSMENT YEAR: 2009-10) ASSTT.COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1, RAJKOT V/S M/S. WESTERN INDIA CERAMICS PVT. LTD., BARODA-PADRA HIGHWAY, PADRA, DIST. BARODA (APPELLANT) (RESPONDENT) PAN: AAACW1838K APPELLANT BY : SHRI C.S. ANJARIA, SR. D.R . RESPONDENT BY : SHRI D.M. RINDANI, C.A. ( )/ ORDER DATE OF HEARING : 02 -03-201 6 DATE OF PRONOUNCEMENT : 02 -03-2016 PER N.K. BILLAIYA, ACCOUNTANT MEMBER: 1. THIS APPEAL BY THE REVENUE IS PREFERRED AGAINST THE ORDER OF LD. CIT(A)-III, BARODA DATED 06.03.2014 PERTAINING TO A .Y. 2009-10. ITA NO. 390/ RJT/2014 . A.Y. 2009-10 2 2. THE GRIEVANCE OF THE REVENUE READ AS UNDER:- 1. THE LD. CIT(A) HAS ERRED IN LAW AND ON FACTS IN DE LETING THE DISALLOWANCE OF RS.3,31,496/- MADE U/S.14A OF THE I T ACT OUT OF IN TEREST EXPENSES. 2. THE LD. CIT(A) HAS ERRED IN LAW AND ON FACTS IN SET TING ASIDE THE ISSUE OF CLAIM OF RENT EXPENSES OF RS.11,47,769/- MADE U/S. 40(A)(IA) OF T HE I T ACT. 3. THE LD. CIT(A) HAS ERRED IN LAW AND ON FACTS IN DEL ETING THE DISALLOWANCE MADE ON ACCOUNT OF UNACCOUNTED PURCHASES RS. 2,33,995/- BEI NG DIFFERENCE IN CLOSING BALANCE AS PER ASSESSEE'S BOOKS OF ACCOUNT AND BOOKS OF ACC OUNT OF SELLER PARTY. 3. A PERUSAL OF THE AFOREMENTIONED GROUNDS OF APPEAL S HOW THAT THE TOTAL DISPUTED DELETION OF THE ADDITION MADE BY THE A.O A MOUNTS TO RS. 17,13,260/- ON WHICH THE TAX COMES TO LESS THAN RS. 10 LAKHS. 4. THEREFORE, IN THE LIGHT OF THE CIRCULAR NO. 21/2015 DATED 10.12.2015, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON 02 - 03 - 201 6. SD/- SD/- (S. S. GODARA) (N. K. BILLAIYA) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD: TRUE COPY RAJESH COPY OF THE ORDER FORWARDED TO: - 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS) 4. THE CIT CONCERNED. 5. THE DR., ITAT, AHMEDABAD. 6. GUARD FILE. BY ORDER DEPUTY/ASSTT.REGISTRAR ITAT, RAJKO T