DCIT, Jaipur V. RAJASTHAN STATE GANGANAGAR SUGAR MILLS LTD., Jaipur

ITA 59/JPR/2015

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 5406 (ITAT-JAIPUR)
• Duration Of Justice: 1 year(s) 1 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-03-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 19-01-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: T C JAIN DHK
• Section: 43B

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, JAIPUR JH EQDQY DS-JKOR] U;KF;D LNL; ,OA JH VH-VKJ-EHUK] YS[KK LNL; DS LE{K BEFORE: SHRI MUKUL K. SHRAWAT, JM & SHRI T.R.MEENA, AM VK;DJ VIHY LA- @ ITA NO. 59/JP/2015 FU/KZKJ.K O'K Z @ ASSESSMENT YEAR : 2011-12 D.C.I.T. CIRCLE-6, JAIPUR. CUKE VS. M/S RAJASTHAN STATE GANGANAGAR SUGAR MILLS LTD., 4 TH FLOOR, NEHRU SAHAKAR BHAWAN, BHAWANI SINGH ROAD, JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ L A-@ PAN/GIR NO.: AAACR 8906 R VIHYKFKHZ @ APPELLANT IZR;FKHZ @ RESPONDENT JKTLO DH VKSJ LS @ REVENUE BY : SHRI M.S. MEENA (CIT) FU/KZKFJRH DH VKSJ LS @ ASSESSEE BY : SHRI T.C. JAIN (ADVOCATE) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 08/03/2016. MN?KKS'K .KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 08/03/2016. VKNS'K@ ORDER PER T.R. MEENA, A.M THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER DATED 12/11/2014 OF THE LEARNED C.I.T.(A)-II, JAIPUR FOR A .Y. 2011-12. THE EFFECTIVE GROUNDS OF THE APPEAL ARE AS UNDER:- 1. WHETHER ON THE FACTS AND IN CIRCUMSTANCES OF TH E CASE AND IN LAW THE LD. CIT (APPEALS) HAS ERRED IN DELETIN G 2 ITA NO. 59/JP/2015 DCIT VS M/S RAJASTHAN STATE GANGANAGAR SUGAR MILLS LT D. THE ADDITION OF RS.67,19,000/- MADE BY THE AO BY VALUING CLOSING STOCK BY INCLUDING ELEMENT OF EXCIS E DUTY THEREIN. 2. WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES O F THE CASE AND IN AW THE LD. CIT (APPEALS) HAS ERRED DELETI NG THE ADDITION OF RS. 1,43,50,000/- MADE BY THE AO BY DISALLOWING THE EXPORT PASS FEE WITHOUT APPRECIATING THE FACT THAT LIABILITY TO MAKE SUCH PAYMENT IS FINALIZ ED. 3. WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES O F THE CASE AND IN LAW THE LD. CIT (APPEALS) HAS ERRED IN DELETING THE ADDITION OF RS. 12,28,000/- MADE BY TH E AO ON ACCOUNT OF INTEREST RECEIVED ON FDR. 4. WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES O F THE CASE IN LAW THE LD. CIT (APPEALS) HAS ERRED IN DELET ING THE ADDITION OF RS. 15,52,21,241/- MADE BY THE AO B Y DISALLOWING THE PAYMENT OF PRIVILEGE FEES WITHOUT APPRECIATING THE FACT THAT THE SAID EXPENSES ARE OF CAPITAL IN NATURE. 5. WHETHER ON THE FACTS AND IN THE CIRCUMSTANCE S OF THE CASE AND IN LAW THE LD CIT (APPEALS) HAS ERRED IN DELETING ADDITION OF RS.7,30,000/- MADE BY THE A.O. BY DISALLOWING OF CONTRIBUTION TO STATE RENEWAL FUND. 2. REGARDING THIS APPEAL, THE LD AR OF THE ASSESSEE HAS SUBMITTED THAT ALL THE ISSUES INVOLVED IN THIS APPEAL ARE COVERED BY THE ORDER OF THE HONBLE ITAT, JAIPUR BENCH, JAIPUR PASSED IN THE ASS ESSEES OWN CASE IN ITA NO. 31/JP/2013 FOR A.Y. 2009-10 ORDER DATED 17/ 04/2015. THEREFORE, HE PRAYED TO CONFIRM THE ORDER OF THE LD CIT(A). 3 ITA NO. 59/JP/2015 DCIT VS M/S RAJASTHAN STATE GANGANAGAR SUGAR MILLS LT D. 3. AT THE OUTSET, THE LD DR HAS VEHEMENTLY SUPPORTE D THE ORDER OF THE ASSESSING OFFICER AND PRAYED TO REVERSE THE ORDER O F THE LD CIT(A). 4. WE HAVE HEARD THE RIVAL CONTENTIONS OF BOTH THE PARTIES AND PERUSED THE MATERIAL AVAILABLE ON THE RECORD. THE ID ENTICAL ISSUE INVOLVED IN THIS APPEAL, HAS BEEN DECIDED BY THE COORDINATE BENCH IN ASSESSEES OWN CASE FOR A.Y. 2009-10 VIDE ORDER DATED 17/04/201 5. THE OPERATIVE PORTION OF THE COORDINATE BENCHS ORDER IS REPRODUC ED AS UNDER:- 4. WE HAVE HEARD THE RIVAL CONTENTIONS OF BOTH THE PARTIES AND PERUSED THE MATERIAL AVAILABLE ON THE RECORD. W E FIND MERIT IN THE ARGUMENTS OF THE LD COUNSEL FOR T HE ASSESSEE. REVENUES GROUNDS NO. (I) TO (V) ARE COVE RED IN FAVOUR OF THE ASSESSEE BY SUCCESSIVE JUDGMENTS O F THE ITAT AS MENTIONED ABOVE. THE DETAILED REASONINGS ARE MENTIONED IN THE ITATS ORDER FOR A.Y. 2008-09. RESPECTFULLY FOLLOWING THE SAME, THE GROUND NOS. (I) TO (V) OF THE REVENUE APPEAL ARE DISMISSED. 4.1. APROPOS GROUND NO. (VI) ALSO, THE DISALLOWANCE HAS BEEN DELETED IN TERMS OF SECTION 43B ON ACTUAL PAYMENT B ASIS IN VIEW THEREOF, WE FIND NO INFIRMITY IN THE ORDER OF THE LD CIT(A), WHICH IS UPHELD. BY RESPECTFULLY FOLLOWING THE ORDER OF THE COORDINAT E BENCH IN ASSESSEES OWN CASE, WE REVERSE THE ORDER OF THE LD CIT(A). 4 ITA NO. 59/JP/2015 DCIT VS M/S RAJASTHAN STATE GANGANAGAR SUGAR MILLS LT D. 5. IN THE RESULT, REVENUES APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 08/03/2016 SD/- SD/- EQDQY DS-JKOR VH-VKJ-EHUK (MUKUL K. SHRAWAT) (T.R. MEENA) U;KF;D LNL;@ JUDICIAL MEMBER YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 08 TH MARCH, 2016 RANJAN* VKNS'K DH IZFRFYFI VXZSFKR @ COPY OF THE ORDER FORWARDED TO: 1 VIHYKFKHZ @ THE APPELLANT- THE D.C.I.T., CIRCLE-6, JAIPUR.. 2. IZR;FKHZ @ THE RESPONDENT- M/S RAJASTHAN STATE GANGANAGAR SUGAR MILLS LTD., JAIPUR. 3. VK;DJ VK;QDR @ CIT 4. VK;DJ VK;QDRVIHY @ THE CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ @ DR, ITAT, JAIPUR 6. XKMZ QKBZY @ GUARD FILE (ITA NO. 59/JP/2015) VKNS'KKUQLKJ @ BY ORDER, LGK;D IATHDKJ @ ASST. REGISTRAR