Padmavati Agencies Pvt.Ltd., Ahmedabad V. The Dy.CIT.,Circle-5, Ahmedabad

ITA 887/AHD/2010

• Counselvise Citation: 88720514 RSA 2010
• Duration Of Justice: 2 year(s) 2 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-06-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2006-2007
• Appeal Filed On: 24-03-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SHYAM PRASADSR D R

Judgement Text

, , , , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, AHMEDABAD , .. , '# ' $ BEFORE SHRI MUKUL KR.SHRAWAT, JUDICIAL MEMBER AND SHRI T.R. MEENA, ACCOUNTANT MEMBER ./ I.T.A. NO.887/AHD/2010 ( & ' & ' & ' & ' / / / / ASSESSMENT YEAR : 2006-07) PADMAVATI AGENCIES PVT.LTD. 9, SHAKUNTAL COMPLEX OPP. C.N.VIDYALAYA AMBAWADI AHMEDABAD & & & & / VS. THE DCIT CIRCLE-5 AHMEDABAD ( '# ./)* ./ PAN/GIR NO. : AADCP 1796 Q ( (+ / // / APPELLANT ) .. ( ,-(+/ RESPONDENT ) (+ . '/ APPELLANT BY : -NONE- ,-(+ / . ' / RESPONDENT BY : SHRI SHYAM PRASAD, SR.D.R. &0 / #/ // / DATE OF HEARING : 24/5/2012 12' / # / DATE OF PRONOUNCEMENT : 15/6/12 '3/ O R D E R PER SHRI MUKUL KR. SHRAWAT, JUDICIAL MEMBER : THIS IS AN APPEAL AT THE BEHEST OF THE ASSESSEE W HICH HAS EMANATED FROM THE ORDER OF LEARNED CIT(APPEALS)-XI, AHMEDABA D DATED 08/01/2010 AND THE GROUNDS RAISED READ AS UNDER:- 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CA SE, THE CIT(A) HAS ERRED IN HOLDING THAT IT WAS A FIT CASE FOR EFF ECTING SOME DISALLOWANCE U/S.14A. ITA NO .887/AHD/2010 PADMAVATI AGENCIES PVT.LTD. VS. DCIT ASST.YEAR - 2006-07 - 2 - 2. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E AND WITHOUT PREJUDICE TO GROUND NO.1 ABOVE THE CIT(A) E RRED IN NOT HIMSELF ACCEPTING THE ASSESSEES CONTENTION THA T EVEN ON APPLICATION OF THE FORMULA OF RULE 8D THE DISALLOWA NCE WOULD NOT EXCEED RS.61,764/- AND HE FURTHER ERRED I N RESTORING THIS ASPECT TO THE FILE OF THE ASSESSING OFFICER. 2. N OTICE HAS BEEN ISSUED ON 11/05/2012 FIXING THE DATE OF HEARING ON 24/05/2012 WHICH WAS SENT THROUGH SPEED POST BEA RING NO.EG122106142IN DATED 16/05/2012 TO THE ASSESSEE ( AS PER EVIDENCE ON RECORD) WHICH WAS RETURNED BY THE POSTAL AUTHORI TIES WITH REMARKS LEFT. HOWEVER, ON THE DATE OF HEARING NO ONE HA S APPEARED FROM THE SIDE OF APPELLANT-ASSESSEE OR INTIMATED ANY NEW ADD RESS BY THE ASSESSEE. UNDER THE CIRCUMSTANCES, WE HAVE NO OPTION BUT TO DISMISS THIS APPEAL SINCE THE ASSESSEE IS NOT INTERESTED IN PURSUING WITH ITS AP PEAL. THEREFORE, IN VIEW OF HON'BLE MADHYA PRADESH HIGH C OURT DECISION IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKA VS. CWT (1997) 223 ITR 480 (M.P.) AND OF HON'BLE DELHI TRIBUNAL DECISION IN THE CASE OF CIT VS. MULTIPLAN INDIA (PVT.) LTD. 38 ITD 320 (DELHI), WE DISMISS THE APPEAL OF THE ASSESSEE IN LIMINE . 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DI SMISSED. SD/- SD/- ( .. ) ( ) '# ( T.R. MEENA ) ( MUKUL KR. SHRAWAT ) ACCOUNTANT MEMBER JUDICIAL ME MBER AHMEDABAD; DATED 15 / 6 /2012 ..&, .&../ T.C. NAIR, SR. PS ITA NO .887/AHD/2010 PADMAVATI AGENCIES PVT.LTD. VS. DCIT ASST.YEAR - 2006-07 - 3 - '3 / ,4 5'4' '3 / ,4 5'4' '3 / ,4 5'4' '3 / ,4 5'4'/ COPY OF THE ORDER FORWARDED TO : 1. (+ / THE APPELLANT 2. ,-(+ / THE RESPONDENT. 3. 6 / CONCERNED CIT 4. 6() / THE CIT(A)-XI, AHMEDABAD 5. 49: ,& , , / DR, ITAT, AHMEDABAD 6. :; <0 / GUARD FILE. '3& '3& '3& '3& / BY ORDER, -4 , //TRUE COPY// = == =/ // / ) ) ) ) ( DY./ASSTT.REGISTRAR) , , , , / ITAT, AHMEDABAD 1. DATE OF DICTATION 4.6.12 (COPIED MATTER) 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 5.6.12 OTHER MEMBER 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S.. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S15.6.12 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 15.6.12 7. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 8. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 9. DATE OF DESPATCH OF THE ORDER