ASSOCIATED ENGINEERS & INDUSTRIES LTD., Jaipur V. DCIT, Jaipur

ITA 841/JPR/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 5204 (ITAT-JAIPUR)
• Duration Of Justice: 2 year(s) 7 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-06-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 11-11-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: G R PAREEK JCIT DHK
• Assessee Lawyers: AASHISH SHARMA
• Section: 154

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHE S, JAIPUR JH DQY HKKJR] U;KF;D LNL; ,OA JH VH-VKJ-EHUK ] YS[KK LNL; DS LE{K BEFORE: SHRI KUL BHARAT, JM & SHRI T.R. MEENA, AM VK;DJ VIHY LA-@ ITA NO. 841/JP/2013 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2007-08. M/S. ASSOCIATED ENGINEERS & INDUSTRIES LTD., 303, SHAYAM ANUKAMPA, O-11, ASHOK MARG, C-SCHEME, JAIPUR. CUKE VS. THE DCIT CIRCLE-6, JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN NO. AACCA 0370 Q VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI AASHISH SHARMA, (ADVOCATE) JKTLO DH VKSJ LS@ REVENUE BY : SHRI G.R. PAREEK (JCIT) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 07.06.2016. ?KKS'K .KK DH RKJH[K@ DATE OF PRONOUNCEMENT : 13/06/2016. VKNS'K@ ORDER PER SHRI KUL BHARAT, JM. THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF LD. CIT (A)-II, JAIPUR DATED 23.08.2013 PERTAINING TO A.Y. 2007-08. THE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS OF APPEAL :- 1. BECAUSE, THE ORDER UNDER SECTION IS PER SE ILLEGAL, ARBITRARY AND RUNS COUNTER TO THE FACTS ON RECORD. 2. BECAUSE, THE COMMISSIONER OF INCOME-TAX (APPEALS)-I I HAS FAILED TO APPRECIATE THAT ISSUE OF MAT CREDIT IS NOT RECTIFIA BLE UNDER SECTION 154 OF THE INCOME TAX ACT, 1961. 3. BECAUSE, THE COMMISSIONER OF INCOME-TAX (APPEALS)-I I HAS DISMISSED THE APPEAL FOR THE FAULT OF THE COUNCIL W HICH RUNS COUNTER TO THE SETTLED POSITION OF LAW. 4. BECAUSE, THE ORDER OF THE COMMISSIONER IS CONTRARY TO THE SETTLED POSITION OF LAW THAT TAX IS TO BE CHARGED ON INCOME ARRIVED AFTER ALLOWING MAT CREDIT. 2 ITA NO. 841/JP/2013 M/S. ASSOCIATED ENGINEERS & INDUSTRIES 2. AT THE OUTSET, LD. D/R POINTED OUT THAT THE AO H AS DONE THE NEEDFUL BY RECTIFYING THE MISTAKE AND SUBMITTED THAT IN VIEW O F THIS THERE IS NIL DEMAND PENDING AGAINST THE ASSESSEE. THE LD. COUNSEL SUBMITTED TH AT IN VIEW OF THE STATEMENT OF THE LD. D/R, HE WISH TO WITHDRAW THE APPEAL. 3. AFTER HEARING BOTH THE PARTIES AND ON THE REQUES T OF THE LD. A/R SEEKING WITHDRAWAL OF THE APPEAL, WE DISMISS THE APPEAL AS WITHDRAWN. 8. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISS ED. ORDER PRONOUNCED IN THE OPEN COURT ON 13/06/201 6. SD/- SD/- VH-VKJ-EHUK] ( DQY HKKJR ) ( T.R. MEENA) ( KUL BHARAT ) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER JAIPUR DATED:- 13/06/2016. DAS/ VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT- M/S. ASSOCIATED ENGINEERS & INDU STRIES LTD., JAIPUR. 2. THE RESPONDENT- THE DCIT CIRCLE-6, JAIPUR. 3. THE CIT(A). 4. THE CIT, 5. THE DR, ITAT, JAIPUR 6. GUARD FILE (ITA NO. 841/JP/2013) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR 3 ITA NO. 841/JP/2013 M/S. ASSOCIATED ENGINEERS & INDUSTRIES