A.C.I.T.-4(1), Agra V. M/s Bhole Baba Milk Food Industries Ltd, Agra

ITA 68/AGR/2014

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 76607 (ITAT-AGRA)
• Duration Of Justice: 3 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-06-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 20-06-2014
• Assessment Year: 2010-2011
• Appeal Filed On: 24-03-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: E PASS ROAD AGRA PAN AACCB F
• Section: 14A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AGRA BENCH, AGRA BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI PRAMOD KUMAR , ACCOUNTANT MEMBER ITA NO. 68 / AG RA / 20 14 ASSESSMENT YEAR 2010 - 11 ACIT 4(1) VS. M/S BHOLE BABA MILK FOOD INDUSTRIES LTD. AGRA. 7/52D, NAGLA JAWAHAR, BYE PASS ROAD, AGRA (PAN AACCB 3948 F ) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI S.D. SHARMA, JR. D.R. RESPONDENT BY : SHRI RAJENDRA SHARMA AND SHRI R.M. SINGHAL, ADVOCATES DATE OF HEARING : 20 .0 6 .2014 DATE OF PRONOUNCEMENT : 24 .0 6 .2014 ORDER PER BHAVNESH SAINI, JUDICI AL MEMBER : 1. THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A) - II, AGRA DATED 11.10.2013 FOR A.Y. 2010 - 11 , CHALLENGING THE DELETION OF ADDITION OF RS.49,87,391/ - ON ACCOUNT OF DISALLOWANCE UNDER SECTION 14A OF THE INCOME TAX ACT . ITA NO. 68 /AGRA./20 14 2 2. IT WAS CONTENDED BEFORE LEARNED CIT(A) THAT THE ISSUE IS COVERED IN FAVOUR OF THE ASSESSEE BY ORDER OF ITAT, AGRA BENCH FOR A.Y. 2008 - 09 IN ASSESSEES OWN CASE IN ITA NO. 4 2 /AGRA/2012 DATED 2 0 .0 7 .2012 . THE ORDER OF THE TRIBUNAL IS REPRODUCED IN THE A PPELLATE ORDER AND THE LEARNED CIT(A) FOLLOWING THE ORDER OF THE TRIBUNAL ABOVE AND OTHER ORDER FOR A.Y. 2007 - 08 DELETED THE ADDITION. 3. LEARNED COUNSEL FOR THE ASSESSEE AT THE OUTSET SUBMITTED THAT THE ISSUE IS COVERED BY THE ORDER OF THE ITAT, AGRA BEN CH IN THE CASE OF THE SAME ASSESSEE FOR A.Y. 2008 - 09 IN ITA NO. 42/AGRA/2012 DATED 2 0 .0 7 .2009 . C OP Y GIVEN TO LEARNED D.R. WHO HAS ADMITTED THAT THE ISSUE IS COVERED IN FAVOUR OF THE ASSESSEE BY ORDER OF THE ITAT, AGRA BENCH DATED 20.07.2012 FOR A.Y.2008 - 09 4. CONSIDERING THE ABOVE, WE ARE OF THE VIEW THAT THE ISSUE IS COVERED IN FAVOUR OF THE ASSESSEE BY ORDER OF THE ITAT, AGRA BENCH IN THE CASE OF THE SAME ASSESSEE FOR A.Y. 2008 - 09 DATED 2 0 .0 7 .2012 . W HETHER APPEAL IS FILED AGAINST THE ORDER DATED 20 .0 7 .201 2 , MAY NOT BE RELEVANT AT THIS STAGE. 5. IN THE RESULT, THE DEPARTMENTAL APPEAL STANDS DISMISSED. (ORDER PRONOUNCED IN THE OPEN COURT) SD/ - SD/ - ( PRAMOD KUMAR ) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER AMIT/ ITA NO. 68 /AGRA./20 14 3 COPY OF THE ORDER FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT (APPEALS) CONCERNED 4. CIT CONCERNED 5. D.R., ITAT, AGRA BENCH, AGRA 6. GUARD FILE. BY ORDER SR. PR IVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL, AGRA TRUE COPY