The ACIT, Circle-4, Surat V. M/s. Vishwa Fashions Pvt.Ltd., Surat

ITA 480/AHD/2010

• Counselvise Citation: [2013] 120 COUNSELVISE.COM (IT) 0476 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-03-2013
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 28-02-2013
• Assessment Year: 2006-2007
• Appeal Filed On: 12-02-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T SANKAR SRDR
• Section: 143(3); 37

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH D AHMEDABAD BEFORE SHRI, A.K.GARODIA, ACCOUNTANT MEMBER AND SHRI KUL BHARAT, JUDICIAL MEMBER ITA NO.480/AHD/2010 ASSESSMENT YEAR :2006-07 A.C.I.T. CIRCLE-4, ROOM NO. 223, AAYAKAR BHAVAN, SURAT V/S . M/S. VISHWA FASHIONS PVT. LTD., 20, D.K. INDUSTRIAL ESTATE, NR. OLD PETROL PUUMP, UDHNA, SURAT [ PAN NO.AAACV 8021E ] / APPELLANT .. / RESPONDENT) /BY APPELLANT SHRI T. SANKAR, SR-DR /BY RESPONDENT NONE (WRITTEN SUBMISSION) /DATE OF HEARING 28-02-2013 /DATE OF PRONOUNCEMENT 08-03-2013 / // / O R D E R PER KUL BHARAT, JUDICIAL MEMBER:- THIS APPEAL OF REVENUE IS DIRECTED AGAINST THE ORDE R OF COMMISSIONER OF INCOME-TAX (APPEALS)-IV, SURAT (CI T(A) FOR SHORT) DATED 26-11-2009 PERTAINING TO ASSESSMENT YEAR (AY) 2006-07. THE REVENUE HAS RAISED SOLITARY EFFECTIVE GROUND, WHICH READS AS UNDER :- [1] ON THE FACTS AND IN THE CIRCUMSTANCES OF THE C ASE AND IN THE LAW, THE LD. CIT(A)-IV, SURAT HAS ERRED IN DELETING THE ADDITION OF RS.19,26,020/- MADE BY THE AO U/S. 37 OF THE I.T. A CT. ITA NO.480/AHD/2010 A.Y. 2006-07 ACIT CIR-4, SRT V. M/S. VISHWA FASHIONS PVT. LTD. PAGE 2 2. BRIEFLY STATED FACTS ARE THAT ASSESSEE IS A PRIV ATE LIMITED COMPANY ENGAGED IN THE BUSINESS OF EXPORT OF FABRICS AND TH E CASE OF ASSESSEE WAS TAKEN UP FOR SCRUTINY ASSESSMENT AND ASSESSMENT U/S. 143(3) OF THE INCOME-TAX ACT, 1961 (HEREINAFTER REFERRED TO AS T HE ACT) WAS CONCLUDED THEREBY THE ASSESSING OFFICER MADE ADDITION OF RS.1 9,26,020/- U/S. 37 OF THE ACT. THE ASSESSEE FEELING AGGRIEVED BY THIS ORD ER OF ASSESSING OFFICER CARRIED THE MATTER BEFORE LD. CIT(A) WHO AF TER CONSIDERING THE SUBMISSIONS OF ASSESSEE PARTLY ALLOWED THE APPEAL. 3. NOW BEING AGGRIEVED BY THIS ORDER OF LD. CIT(A) REVENUE IS IN APPEAL BEFORE TRIBUNAL. 4. NONE APPEARED ON BEHALF OF ASSESSEE, HOWEVER, WR ITTEN SUBMISSIONS ARE ON RECORD, THEREFORE, THE APPEAL IS TAKEN UP FOR HEARING IN THE ABSENCE OF ASSESSEE. 5. LD. SR-DR FOR THE REVENUE SUPPORTED THE ORDER OF ASSESSING OFFICER. 6. WE HAVE HEARD THE LD. DR OF THE REVENUE AND PERU SED THE MATERIALS AVAILABLE ON RECORD AND THE WRITTEN SUBMI SSIONS FILED BY THE ASSESSEE. WE FIND THAT LD. CIT(A) HAS ALLOWED THE A PPEAL ON THE BASIS THAT A DIRECTION WAS ISSUED TO ASSESSING OFFICER TO VERIFY THE BRCS AND OTHER DOCUMENTS WHICH WERE SUBMITTED BY THE ASSESSE E AND IT IS RECORDED BY LD. CIT(A) THAT ASSESSING OFFICER HAS S ENT A REPORT AFTER VERIFYING THE DETAILS SUBMITTED BY ASSESSEE.. ON TH E BASIS OF THE SAME LD. CIT(A) HAS ALLOWED THE APPEAL AND REVENUE COULD NOT CONTRADICT THE ITA NO.480/AHD/2010 A.Y. 2006-07 ACIT CIR-4, SRT V. M/S. VISHWA FASHIONS PVT. LTD. PAGE 3 FINDING OF LD. CIT(A). IN THIS VIEW OF THE MATTER, WE DO NOT FIND ANY INFIRMITY INTO THE ORDER PASSED BY LD. CIT(A) AND S AME IS HEREBY UPHELD. THIS GROUND OF REVENUES APPEAL IS DISMISSED. 7. IN THE RESULT, REVENUES APPEAL IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON THE DATE MENTIONE D HEREINABOVE AT CAPTION PAGE. SD/- SD/- (A.K.GARODIA) (KUL BHARAT) (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) AHMEDABAD, *DKP !' #- 08/03/2013 *+, - ../ ../ ../ ../ 0/ 0/ 0/ 0/ / COPY OF ORDER FORWARDED TO:- 1. / APPELLANT 2. / RESPONDENT 3. ','.2 3 / CONCERNED CIT 4. 3- / CIT (A) 5. /67 ...2, .2 , *+, / DR, ITAT, AHMEDABAD 6. 7:; <= / GUARD FILE. BY ORDER/ , /TRUE COPY/ >/* '? .2 , *+, - STRENGTHEN PREPARATION & DELIVERY O F ORDERS IN THE ITAT 1) DATE OF TAKING DICTATION 01/03 2) DIRECT DICTATION BY MEMBER STRAIGHT ON COMPUTER/LAPTOP/DRAGON DICTATE NO 3) DATE OF TYPING & DRAFT ORDER PLACE BEFORE MEMBER 01/03 4) DATE OF CORRECTION 04/03 5) DATE OF FURTHER CORRECTION - - 6) DATE OF INITIAL SIGN BY MEMBERS 06/03 7) ORDER UPLOADED ON - - 8) ORIGINAL DICTATION PAD-PART HAS BEEN ENCLOSED IN THE FILE YES 9) FINAL ORDER AND 2 ND COPY SEND TO BENCH CLERK ON 08/03