M/s. J.D. Associates, Ahmedabad V. The Income tax Officer,Ward-10(1), Ahmedabad

ITA 503/AHD/2012

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 60283 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-04-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 27-02-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: U S BHATI

Judgement Text

, , , , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, AHMEDABAD , !', #$ # % BEFORE SHRI MUKUL KR.SHRAWAT, JUDICIAL MEMBER AND SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER ./ I.T.A. NO.503/AHD/2012 ( ( ( ( ( / / / / ASSESSMENT YEAR : 2008-09) M/S. J.D.ASSOCIATES 12, PRAPTY FLAT JIVRAJ MEHTA HOSPITAL ROAD VASNA, AHMEDABAD / VS. THE INCOME TAX OFFICER WARD-10(1) AHMEDABAD ) #$ ./*+ ./ PAN/GIR NO. : AAFFJ 6053M ( ), / // / APPELLANT ) .. ( -.), / RESPONDENT ) ), / # / APPELLANT BY : SHRI U.S.BHATI -.), 0 / # / RESPONDENT BY : SHRI SAMIR TEKRIWAL, SR.D.R. 1 0 '$ / / / / DATE OF HEARING : 23/04/2012 23( 0 '$ / DATE OF PRONOUNCEMENT : 27/4/12 #4 / 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)-XVI , AHMEDABAD DATED 23/12/2011 AND THE SOLITARY GROUND READS AS UNDER:- 1.0 THE LEARNED COMMISSIONER OF INCOME-TAX (APPE ALS) ERRED IN LAW AD ON FACTS IN DISMISSING THE FIRST AND SECOND GROU NDS OF APPEAL RAISED BEFORE HIM. 2.0. THE LEARNED COMMISSIONER OF INCOME-TAX(APPEAL S) ERRED IN LAW AND ON FACTS IN UPHOLDING THE FINDING OF THE LD.A.O . REGARDING ITA NO.503/AHD/ 2012 M/S.J.D.ASSOCIATES VS. ITO ASST.YEAR 2008-09 - 2 - DISALLOWANCE OF SALARY AND BONUS EXPENSES TO THE EX TENT OF RS.2,79,754/- AND OTHER EXPENSES TO THE EXTENT OF RS.99,880/- ON ESTIMATE BASIS, EVEN THOUGH HE WAS SATISFIED THAT THE BOOKS OF ACCOUNT W ERE DULY AUDITED AND NO DEFECTS WERE FOUND, CERTAIN PAYMENTS WERE MADE T HROUGH CHEQUES AND THE LD.A.O. HAD FAILED TO COLLECT ANY ADVERSE M ATERIAL. THE COMMISSIONER OF INCOME TAX (APPEALS) ERRED IN ESTIM ATING THE DISALLOWANCE OF VARIOUS EXPENSES EVEN AFTER HE WAS SATISFIED ABOUT THE CORRECTNESS OF THE AFFIDAVIT FILED BY THE ACCOUNTAN T OF THE APPELLANT FIRM. 2. WE HEREBY APPRECIATE THAT LD.AR MR.U.S. BHATI, O N EXAMINATION OF THE FACTS OF THE CASE AS EMERGED FROM THE CORRESPO NDING ASSESSMENT ORDER PASSED U/S.143(3) OF THE I.T. ACT, 1961 DATE D 28.12.2010 AND AS PER THE PART RELIEF GRANTED BY LD.CIT(A), HAS FAIRL Y CONSIDERED TO WITHDRAW THE GROUND AS RAISED AS PER THE GROUNDS OF APPEAL. CERTAIN ADHOC DISALLOWANCES ON ESTIMATE BASIS WERE MADE IN RESPECT OF EXPENSES AND IN THE FIRST APPEAL FROM 30% OF THE DISALLOWAN CE, LEARNED CIT(APPEALS) HAS RESTRICTED THOSE DISALLOWANCE TO 1 0% ONLY, THEREFORE WE ARE ALSO OF THE VIEW THAT THE LD.AR IS FAIR AND REASONABLE IN WITHDRAWING THIS GROUND WITH THE INTENTION TO CURTA IL LITIGATION. REQUEST OF WITHDRAWAL IS HEREBY PERMITTED, AFTER HEARING TH E LD.SR.DR AND THIS GROUND IS HEREBY DISMISSED. 3. IN THE RESULT, ASSESSEES APPEAL IS DISMISSED. SD/- SD/- ( !' ) ( ) #$ ( ANIL CHATURVEDI ) ( MUKU L KR. SHRAWAT ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 27/ 4 /2012 5'.., .../ T.C. NAIR, SR. PS ITA NO.503/AHD/ 2012 M/S.J.D.ASSOCIATES VS. ITO ASST.YEAR 2008-09 - 3 - #4 0 -6 7#6( #4 0 -6 7#6( #4 0 -6 7#6( #4 0 -6 7#6(/ COPY OF THE ORDER FORWARDED TO : 1. ), / THE APPELLANT 2. -.), / THE RESPONDENT. 3. 8 / CONCERNED CIT 4. 8() / THE CIT(A)-XVI, AHMEDABAD 5. 6;< - , , / DR, ITAT, AHMEDABAD 6. <= >1 / GUARD FILE. #4 #4 #4 #4 / BY ORDER, .6 - //TRUE COPY// ? ?? ?/ // / * * * * ( DY./ASSTT.REGISTRAR) , , , , / ITAT, AHMEDABAD 1. DATE OF DICTATION..23.4.12 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 23.4.12 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 27.4.12 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 27.4.12 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