Gruh Finance Ltd., Ahmedabad V. The Pr. CIT-2, Ahmedabad

ITA 777/AHD/2016

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 9992 (ITAT-AHMEDABAD)
• Duration Of Justice: 7 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-11-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 17-11-2016
• Assessment Year: 2010-2011
• Appeal Filed On: 30-03-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R I PATEL
• Assessee Lawyers: M G PATEL
• Section: 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD A BENCH AHMEDABAD BEFORE SHRI R.P. TOLANI, JM & SHRI MANISH BORAD, AM. ITA NO. 777/AHD/2016 ASST. YEAR: 2010-11 GRUH FINANCE LTD., NETAJI MARG, NR. MITHAKHALI SIX ROADS, ELLISBRDIGE, AHMEDABAD VS. PRINCIPAL CIT-2, AHMEDABAD. APPELLANT RESPONDENT PAN AAACG 7010K APPELLANT BY SHRI M. G. PATEL, A.R. RESPONDENT BY SHRI R. I. PATEL, CIT, DR DATE OF HEARING: 17/11/2016 DATE OF PRONOUNCEMENT: 21/11/2016 O R D E R PER MANISH BORAD, ACCOUNTANT MEMBER . THIS APPEAL OF ASSESSEE FOR ASST. YEAR 2010-11 IS DIRECTED AGAINST THE ORDER OF LD. PRINCIPAL CIT-2, AHMEDABAD , DATED 22.2.2016. FOLLOWING GROUNDS HAVE BEEN RAISED BY ASSESSEE IN T HIS APPEAL:- 1. THE LEARNED PR. COMMISSIONER OF INCOME TAX-2, AH MEDABAD HAS ERRED IN INVOKING THE PROVISIONS OF SEC.263 OF I.T. ACT, 196 1 AND SET ASIDE THE ORIGINAL ASSESSMENT FRAMED BY THE ASSESSING OFFICER CONSIDERING THE SAME AS ERRONEOUS AND PREJUDICIAL TO THE INTEREST OF REV ENUE. 2. YOUR APPELLANT PRAYS TO RESERVE THE RIGHT TO ADD , ALTER, AMEND AND/OR WITHDRAW OF THE ABOVE GROUND OF APPEAL. ITA NO. 777/AHD/2016 ASST. YEAR 2010-11 2 2. AT THE OUTSET LD. AR REQUESTED FOR NOT PRESSING THE GROUNDS OF APPEAL IN VIEW OF THE DECISION OF THE TRIBUNAL IN A SSESSEES OWN CASE IN ITA NO.646/AHD/2013 FOR ASST. YEAR 2008-09, WHER EIN THE ORDER U/S 263 PASSED BY LD. CIT HAS BEEN UPHELD. 3. IN VIEW OF ABOVE, AS THE GROUNDS OF APPEAL ARE N OT PRESSED, WE DISMISS THE APPEAL OF ASSESSEE. 4. IN THE RESULT, APPEAL OF ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 21 ST NOVEMBER, 2016 SD/- SD/- (R.P. TOLANI) JUDICIAL MEMBER (MANISH BORAD) ACCOUNTANT MEMBER DATED 21/11/2016 MAHATA/- 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 ASST. REGISTRAR, ITAT, AHMEDABAD ITA NO. 777/AHD/2016 ASST. YEAR 2010-11 3 1. DATE OF DICTATION: 17/11/2016 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE T HE DICTATING MEMBER: 17/11/2016 OTHER MEMBER: 3. DATE ON WHICH APPROVED DRAFT COMES TO THE SR. P. S./P.S.: 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE TH E DICTATING MEMBER FOR PRONOUNCEMENT: __________ 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE S R. P.S./P.S.: 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK: 21/11/2016 7. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK: 8. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER: 9. DATE OF DESPATCH OF THE ORDER: