Appeal details
Counselvise Citation
[2018] 126 COUNSELVISE.COM (IT) 6175 (ITAT-AHMEDABAD)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
1 year(s) 10 month(s) 18 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
08-02-2018
Appeal Filed By
Department
Order Result
Dismissed
Bench Allotted
Not Allotted
Assessment Year
2007-2008
Appeal Filed On
21-03-2016
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD B BENCH AHMEDABAD BEFORE, SHRI S. S. GODARA, JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER ITA NOS. 691 & 692/AHD/2016 WITH CO NOS. 50 & 61/AHD/16 (ASSESSMENT YE ARS: 2007-2008 & 2012-13) DY. COMMISSIONER OF INCOME TAX, CIRCEL- 4(1)(1), AHMEDABAD-380 015 APP ELLANT VS. M/S. USHA COMPRESSORS PVT. LTD., 1708, USHA ENGINEERING WORKS, GIDC INDUSTRIAL ESTATE, PHASE-III, GIDC, VATVA, AHMEDABAD 382 445 RESPONDENT/CROSS OBJECTOR PAN: AAACU3349R /BY REVENUE : SHRI MUDIT NAGPAL, SR. D.R. /BY ASSESSEE : SHRI P. F. JAIN, A.R. /DATE OF HEARING : 01.02.2018 /DATE OF PRONOUNCEMENT : 08.02.2018 ORDER PER BENCH THE REVENUES INSTANT TWO APPEALS AS WELL AS ASSESS EES CORRESPONDING CROSS OBJECTIONS FOR ASSESSMENT YEARS 2007-08 & 2012-13 A RISE AGAINST THE CIT(A)-8, AHMEDABADS SEPARATE ORDERS, BOTH DATED 04.01.2016, IN CASE NOS. CIT(A)- 8/149/14-15 & CIT(A)-8/188/14-15, IN PROCEEDINGS U/ S. 143(3) R.W.S. 147 OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. 2. A COMBINED PERUSAL OF THE REVENUES IDENTICAL GR IEVANCE IN ITS BOTH APPEALS REVEALS THAT IT SEEKS TO RESTORE THE ASSESSING OFF ICERS ACTION MAKING UNEXPLAINED ITA NOS. 691 & 692/AHD/16 WITH CO NOS. 50 & 61/AHD/ 16 A.YS. 2007-08 & 2012-13 [M/S. USHA COMPRESSORS PVT. LTD.] - 2 - CASH DEPOSIT ADDITION U/S.68 OF THE ACT AMOUNTING T O RS.56,82,608/- AND RS.31,45,000/-, WHICH HAVE BEEN RESTRICTED BY THE C IT(A) TO THE EXTENT OF PEAK SUM ONLY. THE TAX PAYERS CROSS OBJECTIONS ON THE OTHER HAND ARE SUPPORTIVE OF THE CIT(A)S IDENTICAL UPHOLDING ASSESSING OFFICERS AC TION MAKING THE IMPUGNED ADDITION TO THE EXTENT OF PEAK AMOUNT IN TWO IMPUGN ED ASSESSMENT YEARS. 3. WE NOTICE AT THE OUTSET THAT THERE IS NO DISPUTE SO FAR AS THE BASIC FACT THAT THE ASSESSEE HAD INDEED MADE CASH DEPOSITS IN ITS BANK ACCOUNTS INVOLVING THE TWO SUMS; IS CONCERNED. THE ASSESSING OFFICER REJECTED ITS EXPLANATION THAT THE SAID DEPOSITS WERE IN FACT ITS UNACCOUNTED SALES. THE C IT(A) HOWEVER FOLLOWS TRIBUNALS ORDER IN ASSESSMENT YEAR 2011-12 ITA NO.2159/AHD/20 14 DECIDED ON 24.09.2015 RESTRICTING SIMILAR CASH DEPOSITS ADDITION OF PEAK CREDIT ONLY THEREBY SENDING THE MATTER BACK TO THE ASSESSING OFFICER FOR VERIFICATI ON. THE SAID ORDER FORMS PART OF RECORD BEFORE US. LEARNED DEPARTMENTAL REPRESENTAT IVE FAILS TO INDICATE ANY DISTINCTION ON FACTS OR LAW IN THESE THREE ASSESSME NT YEARS SINCE INVOLVING IDENTICAL ISSUE. WE THEREFORE ADOPT JUDICIAL CONSISTENCY TO AFFIRM CIT(A)S FINDINGS UNDER CHALLENGE IN BOTH ASSESSMENT YEARS. THE REVENUES IDENTICAL SUBSTANTIVE GROUND AS WELL AS ITS TWO APPEALS FAIL ACCORDINGLY. THE ASSE SSEES CROSS OBJECTIONS THEREIN SUPPORTIVE OF THE CIT(A)S ORDER STAND RENDERED INF RUCTUOUS. 4. THESE TWO REVENUES APPEALS ITA NOS. 691 & 692/A HD/2016 ARE DISMISSED WHEREAS ASSESSEES CROSS OBJECTIONS THEREIN CO NOS. 50 & 61/AHD/2016 ARE DISMISSED AS HAVING BECOME INFRUCTUOUS. [PRONOUNCED IN THE OPEN COURT ON THIS T HE 08 TH DAY OF FEBRUARY, 2018.] SD/- SD/- ( AMARJIT SINGH ) (S. S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD: DATED 08/02/2018 TRUE COPY S.K.SINHA / COPY OF ORDER FORWARDED TO:- / REVENUE 2 / ASSESSEE ITA NOS. 691 & 692/AHD/16 WITH CO NOS. 50 & 61/AHD/ 16 A.YS. 2007-08 & 2012-13 [M/S. USHA COMPRESSORS PVT. LTD.] - 3 - ! / CONCERNED CIT 4 !- / CIT (A) ( )*+ ,--. . /0 / DR, ITAT, AHMEDABAD 1 +23 / GUARD FILE. BY ORDER / . // . /0
