Atul Amrutlal Mithani, JUNAGADH V. The Income Tax Officer, Wd-2(2), JUNAGADH

ITA 718/RJT/2014

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 7756 (ITAT-RAJKOT)
• Duration Of Justice: 3 year(s) 3 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-04-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 10-12-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K L SOLANKI D R

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT , ! '# $ , % ! & ' BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & SHRI MAHAVIR PRASAD, JUDICIAL MEMBER #./ I.T.A. NO.718/RJT/2014 ( / ASSESSMENT YEAR : 2010-11) ATUL AMRUTLAL MITHANI, LIC OF INDIA, MANGALMURTY COMPLEX, JAWAHAR ROAD, JUNAGADH. / VS. THE ITO, WARD 2(2), JUNAGADH. !* # ./ + # ./ PAN/GIR NO. : ACAPM 5518 K ( *, / APPELLANT ) .. ( -*, / RESPONDENT ) *, . / APPELLANT BY : WRITTEN SUBMISSION -*, / . / RESPONDENT BY : SHRI K. L. SOLANKI, D.R. 0 1 / 2 / DATE OF HEARING 16 /03/2018 34 / 2 / DATE OF PRONOUNCEMENT 09 / 0 4 /201 8 5 / O R D E R PER MAHAVIR PRASAD JUDICIAL MEMBER: THE CAPTIONED APPEAL HAS BEEN FILED AT THE INSTAN CE OF THE ASSESSEE AGAINST THE APPELLATE ORDER OF THE COMMISS IONER OF INCOME TAX(APPEALS)-IV, RAJKOT [CIT(A) IN SHORT] VIDE APPEAL NO.CIT(A)- IV/0080/12-13 DATED 08/10/2014 ARISING IN THE ASSESSMENT ORDER PASSED UNDER S.143(3) OF THE INCOME TAX ACT, 1961 ( HEREINAFTER REFERRED TO AS 'THE ACT') DATED 06/12/2012 RELEVAN T TO ASSESSMENT YEAR (AY) 2010-11. ITA NO.718/RJT/ 2014 ATUL AMRUTLAL MITHANI VS. ITO A.Y. 2010-11 - 2 - 2. THE SOLITARY GROUND WAS OF THE APPELLANT IS THA T NO REASONABLE OPPORTUNITY HAS BEEN GIVEN BY THE LD. CIT(A) WHILE COMPLETING OR DECIDING THE APPEAL. 3. THE BRIEF FACTS OF THE CASE ARE THAT THE ASSESSE E IS A DEVELOPMENT OFFICER TO LIC OF INDIA. DURING THE YEA R UNDER CONSIDERATION, ASSESSEE RECEIVED INCENTIVE BONUS OF RS.6,81,634/- OUT OF ABOVE SAID CLAIM DEDUCTION OF RS.2,04,491/-, BEING 30% OF THE INCENTIVE BONUS. 4. LEARNED AO HOLD THAT AFTER EXAMINATION OF NATURE OF INCENTIVE BONUS RECEIVED SHOWS THAT THE INCENTIVE BONUS IS NE ITHER ANY ALLOWANCES NOR ANY KIND OF REIMBURSEMENT OF ANY EXP ENSES INCURRED BY HIM. HENCE THE CLAIM FOR DEDUCTION OUT OF INCENT IVE BONUS ON ACCOUNT OF EXPENSES INCURRED IS NOT ALLOWABLE. HENC E, LD. AO DISALLOWED THE CLAIM OF RS.2,04,491/-. 5. AGAINST THE SAID ORDER ASSESSEE PREFERRED FIRST STATUTORY APPEAL BEFORE THE LD. CIT(A) AND CONFIRMED THE ORDER OF TH E AO. 6. WE HAVE GONE THROUGH THE RELEVANT RECORD AND IMP UGNED ORDER. LD. AR MOVED AN APPLICATION FOR ADJOURNMENT. HE ALSO MENTIONED IN THE SAID APPLICATION THAT HIS CLAIM IS ALLOWABLE AS PER THE VARIOUS DECISIONS AND CBDTS CIRCULAR AND ASSES SEE HAS NOT BEEN PROPERLY HEARD BY THE LD. CIT(A). THEREFORE, WE SET ASIDE THE ORDER OF THE LD. CIT(A) AND REMIT THIS MATTER BACK TO THE FI LE OF THE LD. CIT(A) TO DECIDE THIS MATTER AFRESH AFTER CONSIDERING THE SUBMISSION OF APPELLANT AND HAVING REGARD TO THE DECISION OF CO-O RDINATE BENCH IN THE CASE OF NITIN T. BHUPTANI. APPELLANT IS ALSO DI RECTED TO CO-OPERATE WITH THE LD. CIT(A) FOR DISPOSAL OF THIS APPEAL. ITA NO.718/RJT/ 2014 ATUL AMRUTLAL MITHANI VS. ITO A.Y. 2010-11 - 3 - 7. IN THE RESULT, APPEAL FILED BY THE APPELLANT IS ALLOWED. THIS ORDER PRONOUNCED IN OPEN COURT ON 09 / 0 4 /201 8 SD/- SD/- ( ) ($ ) ! % ! ( PRADIP KUMAR KEDIA ) ( MAHAVIR PRASAD ACCOUNTANT MEMBER JUDICIAL MEMBER DATED 09/ 04 /2018 PRITI YADAV, SR. PS / COPY OF THE ORDER FORWARDED TO : 1. *, / THE APPELLANT 2. -*, / THE RESPONDENT. 3. #8# 2 92 / CONCERNED CIT 4. 92 () / THE CIT(A)- IV, RAJKOT. 5. :; < %2%0 , , /DR,ITAT, RAJKOT 6. < = 1 / GUARD FILE. / BY ORDER, - :2 %2 //TRUE COPY// / ! '#$ ( DY./ASSTT.REGISTRAR) ! $%! &, / ITAT, RAJKOT 1. DATE OF DICTATION 19/03/2018(DICTATION-PAD 2 PAGES ATTACHED AT THE END OF THIS FILE) 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 19/03/2018 3. OTHER MEMBER... 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S.. 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S. 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK ... 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 10. DATE OF DESPATCH OF THE ORDER