Gujarat Co.Op.Milk Marketing Federation Ltd., Anand V. The Addl.CIT., Anand Range, Anand

ITA 627/AHD/2009

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 6299 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 4 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-06-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 27-06-2011
• Assessment Year: 2005-2006
• Appeal Filed On: 25-02-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: H K LAL
• Assessee Lawyers: HIMANSHU CHAUHAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH AHMEDABAD (BEFORE S/SHRI BHAVNESH SAINI, JM AND D. C. AGRAWAL , AM) ITA NO.627/AHD/2009 A. Y.: 2005-06 GUJARAT COOP. MILK MARKETING FEDERATION LT., AMUL DAIRY ROAD, VITHAL UDYOGNAGAR, ANAND VS THE ADDL. C. I. T., ANAND RANGE, ANAND PA NO. AAACG 7189 H (APPELLANT) (RESPONDENT) APPELLANT BY SHRI HIMANSHU CHAUHAN, AR RESPONDENT BY SHRI H. K. LAL, DR O R D E R PER BHAVNESH SAINI: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE LEARNED CIT(A)-IV , BARODA DATED 27 TH JANUARY, 2009, FOR ASSESSMENT YEAR 2005-06, CHALLEN GING THE ORDER OF THE LEARNED CIT(A) IN CONFIRMING DISALLOWANCE OF RS .1,90,31,000/- BEING THE AMOUNT TRANSFERRED TO RESERVE FUND DURING THE YEAR. 2. THE LEARNED CIT(A) NOTED THAT SIMILAR ISSUE WAS REFERRED IN ASSESSMENT YEARS 1994-95, 1995-96, 1996-97, 1999-20 00 AND 2001- 02 WHERE FACTS WERE SAME AND SIMILAR DISALLOWANCE W AS UPHELD BY THE LEARNED CIT(A) AS WELL AS BY THE TRIBUNAL. THE AO, THEREFORE, HELD THAT CLAIM OF THE ASSESSEE FOR EXPENDITURE OF RS.1, 90,31,000/- BEING 25% OF PROFIT TRANSFERRED TO RESERVE FUND CANNOT BE ALLOWED. HOWEVER, SINCE THE ASSESSEE HAD NOT CLAIMED THE SAME AS DEDU CTION IN THE COMPUTATION OF INCOME IN ASSESSMENT YEAR 2005-06, N O DISALLOWANCE ITA NO.627/AHD/2009 GUJARAT CO-OP. MILK MARKETING FEDERATION LT. VS ADD L. CIT, ANAND 2 WAS MADE BY THE AO. IT WAS SUBMITTED BEFORE THE LEA RNED CIT(A) THAT APPEAL IS PENDING BEFORE THE HONBLE HIGH COURT. HO WEVER, IT WAS ADMITTED POSITION THAT THERE WAS NO MATERIAL CHANGE IN THE FACTS AND CIRCUMSTANCES OF THE CASE. THE LEARNED CIT(A) FOLLO WING ORDERS OF THE PROCEEDING ASSESSMENT YEARS DISMISSED THE APPEAL OF THE ASSESSEE. 3. THE LEARNED COUNSEL FOR THE ASSESSEE CONCEDED TH AT THE ISSUE IS DECIDED AGAINST THE ASSESSEE BY THE TRIBUNAL IN THE PRECEDING ASSESSMENT YEARS. HE HAS FILED COPY OF THE ORDER IN THE CASE OF THE SAME ASSESSEE PASSED BY THE TRIBUNAL IN ASSESSMENT YEAR 2000-01 IN ITA NO.102/AHD/2006 DATED 26-09-2006 AND SUBMITT ED THAT THE ISSUE IS COVERED AGAINST THE ASSESSEE. COPY OF THE SAME IS PLACED ON RECORD. 4. ON CONSIDERATION OF THE ABOVE FACTS AND CONSIDER ING THE SUBMISSIONS OF THE ASSESSEES COUNSEL THAT THE ISSU E IS COVERED AGAINST THE ASSESSEE BY THE ORDER OF THE TRIBUNAL I N EARLIER ASSESSMENT YEARS, WE DO NOT FIND ANY MERIT IN THIS GROUND OF APPEAL OF THE ASSESSEE. THE SAME IS ACCORDINGLY DISMISSED. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 30-06-2011 SD/- SD/- (D. C. AGRAWAL) ACCOUNTANT MEMBER (BHAVNESH SAINI) JUDICIAL MEMBER DATE : 30-06-2011 LAKSHMIKANT/- ITA NO.627/AHD/2009 GUJARAT CO-OP. MILK MARKETING FEDERATION LT. VS ADD L. CIT, ANAND 3 COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A) CONCERNED 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE BY ORDER D Y. REGISTRAR, ITAT, AHMEDABAD