Navratna S.G.Highway Properties Pvt.Ltd., Ahmedabad V. The ACIT.,Cent.Circle-1(1), Ahmedabad

ITA 875/AHD/2013

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 67914 (ITAT-AHMEDABAD)
• Duration Of Justice: 7 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-11-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 07-10-2013
• Assessment Year: 2008-2009
• Appeal Filed On: 28-03-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: O P VAISHNAV
• Assessee Lawyers: DIPAK SONI
• Keywords: Corroborative evidences

Judgement Text

, , , , B, IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD, B BENCH . .. . . .. . , !' !' !' !', , , , #$ %&'( #$ %&'( #$ %&'( #$ %&'(, , , , )* + ) )* + ) )* + ) )* + ) ' ' ' ' BEFORE S/SHRI G.C. GUPTA, VICE-PRESIDENT AND ANIL CHATURVEDI, ACCOUNTANT MEMBER) ITA NO.875/AHD/2013 [ASSTT.YEAR : 2008-2009] NAVRATNA S.G.HIGHWAY PROPERTIES P. LTD. (NOW KNOWN AS GULMOHAR PARK MALL PVT. LTD.) GULMOHAR PARK, SATELLITE ROAD AHMEDABAD 380 015. PAN : AACCN 2111 Q /VS. ACIT, CENT.CIR.1(1) AHMEDABAD. ( (( (-. -. -. -. / APPELLANT) ( (( (/0-. /0-. /0-. /0-. / RESPONDENT) 1& 2 3 )/ ASSESSEE BY : SHRI DIPAK SONI + 2 3 )/ REVENUE BY : SHRI O.P. VAISHNAV, CIT-DR 5 2 &(*/ DATE OF HEARING : 7 TH OCTOBER, 2013 678 2 &(*/ DATE OF PRONOUNCEMENT : 13/11/2013 )9 / O R D E R PER G.C. GUPTA, VICE-PRESIDENT : THIS APPEAL BY THE ASSESSEE FOR THE ASSESSMENT YEAR 2008-2009, IS DIRECTED AGAINST THE ORDER OF THE CIT(A)-I, AHMEDABAD, DATED 22.01.2013. ITA NO.875/AHD/2010 -2- 2. ONLY EFFECTIVE GROUND OF THE APPEAL OF THE ASSES SEE IS GROUND NO.3.00, WHICH READS AS UNDER: 3.0 THE CIT(A) ERRED IN UPHOLDING THE DISALLOWANCE OF THE WORK IN PROGRESS TO THE EXTENT OF RS.35,29,36,322/-. THE OBSERVATIONS MADE BY THE CIT(A) IN SUPPORT OF HIS CONCLUSION ARE ERRONEOUS. 3. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED T HAT THERE WAS AN INCREASE IN WORK-IN-PROGRESS (WIP FOR SHORT) DURING THE YEAR AND THE ASSESSEE HAS FURNISHED LEDG ER ACCOUNT OF VARIOUS EXPENSES ALONG WITH NECESSARY EVIDENCES THEREOF. HOWEVER, NO OPPORTUNITY WAS ALLOWED TO THE ASSESSEE TO FURNISH SUPPORTING EVIDENCES, SUCH AS, CONFIRMATION OF THE RESPECTIVE PARTIES ETC. THE LEARNED COUNSEL FOR TH E ASSESSEE SUBMITTED THAT IN THESE FACTS, THE DISALLOWANCE MAD E WAS NOT IN ACCORDANCE WITH THE LAW, AND SHOULD BE DELETED. THE LEARNED DR HAS RELIED ON THE ORDERS OF THE AO AND T HE CIT(A), AND SUBMITTED THAT ONUS WAS ON THE ASSESSEE TO PROVE THE GENUINENESS OF WIP. 4. WE HAVE CONSIDERED RIVAL SUBMISSIONS AND HAVE PERUSED THE ORDER OF THE AO AND THE CIT(A). WE FIND THAT THE ASSESSEE HAS SUBMITTED NECESSARY DETAILS IN SUP PORT OF INCREASE IN WIP DURING THE YEAR. HOWEVER, IN THE F ACTS AND ITA NO.875/AHD/2010 -3- CIRCUMSTANCES OF THE CASE, WE CONSIDER THAT IT SHAL L BE IN THE INTEREST OF JUSTICE TO RESTORE THIS ISSUE OF INCREA SE IN WIP TO THE FILE OF THE AO WITH DIRECTION TO DECIDE THE ISS UE AFRESH IN ACCORDANCE WITH LAW AFTER ALLOWING REASONABLE OPPOR TUNITY OF HEARING TO THE ASSESSEE. THE ASSESSEE SHALL BE AT LIBERTY TO FILE ANY EVIDENCE BEFORE THE AO IN SUPPORT OF THE CLAIM MADE BY IT. WE DIRECT ACCORDINGLY. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN OPEN COURT ON THE DATE MENTIONE D HEREINABOVE. SD/- SD/- ( %&'( %&'( %&'( %&'( / ANIL CHATURVEDI) )* + )* + )* + )* + /ACCOUNTANT MEMBER ( . .. . . .. . /G.C. GUPTA) !' !' !' !' /VICE-PRESIDENT C OPY OF THE ORDER FORWARDED TO: 1) : APPELLANT 2) : RESPONDENT 3) : CIT(A) 4) : CIT CONCERNED 5) : DR, ITAT. BY ORDER DR/AR, ITAT, AHMEDABAD