ACIT, Kota V. INSTRUMENTATION LTD., Kota

ITA 945/JPR/2012

• Counselvise Citation: 94523114 RSA 2012
• Duration Of Justice: 2 year(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-01-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 24-12-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MRS NEENA JEPH
• Keywords: Gift

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, JAIPUR JH VKJ-IH-RKSYKUH] U;KF;D LNL; ,OA JH VH-VKJ-EHUK] YS[KK LNL; DS LE{K BEFORE: SHRI R.P. TOLANI, JM & SHRI T.R. MEENA, AM VK;DJ VIHY LA- @ ITA NO. 945/JP/2012 FU/KZKJ.K O'K Z @ ASSESSMENT YEAR : 2007-08 THE A.C.I.T. CIRCLE-1, KOTA. CUKE VS. M/S INSTRUMENTATION LTD. JHALAWAR ROAD, KOTA. LFKK;H YS[KK LA-@THVKBZVKJ L A-@ PAN/GIR NO.: AAACL 4212 G VIHYKFKHZ @ APPELLANT IZR;FKHZ @ RESPONDENT IZR;K{KSI.K @ C.O. NO. 07/JP/2013 (ARISING OUT OF VK;DJ VIHY LA-@ ITA NO. 945/JP/2012) M/S INSTRUMENTATION LTD. JHALAWAR ROAD, KOTA. CUKE VS. THE A.C.I.T. CIRCLE-1, KOTA. LFKK;H YS[KK LA-@THVKBZVKJ LA- @ PAN/GIR NO.: AAACL 4212 G IZR;K{KSID @ OBJECTOR IZR;FKHZ @ RESPONDENT JKTLO DH VKSJ LS @ REVENUE BY : MRS. NEENA JEPH (JCIT). FU/KZKFJRH DH VKSJ LS @ ASSESSEE BY : SHRI P.C. PARWAL (C.A.). LQUOKBZ DH RKJH[ K@ DATE OF HEARING : 07/01/2015 ?KKS'K .KK DH RKJH[ K @ DATE OF PRONOUNCEMENT : 09/01/2015 VKNS'K @ ORDER PER: T.R. MEENA, A.M. THE APPEAL FILED BY REVENUE AND CROSS OBJECTION BY ASSESSEE ARISE FROM THE ORDER DATED 18/10/2012 OF LD. CIT (A)-KOTA . THE EFFECTIVE GROUNDS OF APPEAL AS WELL AS CROSS OBJECTION ARE AS UNDER:- ITA 945/JP/2012 & C.O 07/JP/2013 ACIT VS. M/S INSTRUMENTATION LTD. 2 GROUNDS OF ITA NO. 945/JP/2012 A.Y. 2007-08 ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE , THE LEARNED CIT(A) HAS ERRED IN: (I) DELETING THE DISALLOWANCE OF RS. 87,66,513/- MA DE BY THE A.O. ON ACCOUNT OF PROVISIONAL FOR CONTRACTUAL OBLIGATION; (II) DELETING THE ADDITION OF RS. 17,66,181/- MADE BY THE A.O. ON ACCOUNT OF GUEST HOUSE EXPENSES; (III) DELETING THE ADDITION OF RS. 37,70,715/- MAD E BY THE A.O. ON ACCOUNT OF GIFT AND PRESENT EXPENSES; (IV) THE APPELLANT CRAVES LIBERTY TO RAISE ADDITION AL GROUND AND TO MODIFY/AMEND THE GROUND OF APPEAL AT THE TIM E OF HEARING. GROUNDS OF C.O. 07/JP/2013 A.Y. 2007-08 1. THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) HAS ERRED ON FACTS AND IN LAW IN CONFIRMING DISALLOWANCE OF RS. 6,45,57,068/- MADE BY THE ASSESSING OFFICER ON ACCOUNT OF DELAY IN DEPOSITION OF EMPLOYEES CONTRIBUTION OF PF U/S 36(1)(VA). 2. THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS ) HAS ERRED ON FACTS AND IN LAW CONFIRMING ADDITION O F RS. 87,66,531/- MADE BY THE ASSESSING OFFICER ON ACCOUN T OF DISALLOWANCE OF PROVISION FOR CONTRACTUAL OBLIGAT ION. 2.1 HE HAS FURTHER ERRED ON FACTS AND IN LAW IN CON FIRMING THE DISALLOWANCE OF PROVISION FOR CONTRACTUAL OBLIGA TION ITA 945/JP/2012 & C.O 07/JP/2013 ACIT VS. M/S INSTRUMENTATION LTD. 3 IGNORING THAT SUCH PROVISION HAS BEEN ALLOWED TO THE ASSESSEE IN EARLIER YEARS BY HONBLE ITAT. 3. THE ASSESSEE CRAVES RIGHT TO ADD, ALTER, AMEND, AND MODIFY ANY OF THE GROUND OF APPEAL. 4. NECESSARY COST BE ALLOWED TO THE ASSESSEE. 2. IN THIS CASE, THE LEARNED A.R. FOR THE ASSESSEE SUBMITTED THAT IN ASSESSEES OWN CASE FOR A.Y. 2005-06 AND 2006-07 IN ITA NO. 542 & 543/JP/2012 AND C.O. NOS. 52 AND 53/JP/2012, THIS B ENCH HAD DISMISSED THE REVENUES APPEAL AND ALLOWED THE C.O. OF THE ASS ESSEE. THE PRESENT ISSUE IS ALSO COVERED WITH THE EARLIER ISSUE. THE LEA RNED SR. D.R. HAS NOT RAISED ANY OBJECTION ON THE SUBMISSION OF THE A.R. 3. WE HAVE HEARD THE SUBMISSION OF THE ASSESSEE AS WELL AS THE D.R. AND PERUSED THE MATERIAL AVAILABLE ON THE RECORD. I N ASSESSEES OWN CASE FOR A.Y. 2005-06 AND 2006-07, THIS BENCH HAS DECIDE D THE SAME ISSUES VIDE ORDER DATED 28-11-2014 IN FAVOUR OF THE ASSESS EE THROUGH CROSS OBJECTIONS AND DISMISSED THE REVENUES APPEALS. THUS BY RESPECTFULLY FOLLOWING THE DECISION OF THIS BENCH VIDE ORDER DAT ED 28-11-2014 IN ASSESSEES OWN CASE (SUPRA), THE FINDINGS GIVEN IN I TA NOS. 542 & 543/JP/2012 (REVENUE) AND C.O. NOS. 52 & 53/JP/201 2 (ASSESSEE) SHALL APPLY MUTATIS MUTANDIS IN THIS CASE ALSO. ITA 945/JP/2012 & C.O 07/JP/2013 ACIT VS. M/S INSTRUMENTATION LTD. 4 4. IN THE RESULT, THE REVENUES APPEAL IS DISMISSED AND C.O. OF ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 09/01/2015. SD/- SD/- VKJ-IH-RKSYKUH VH-VKJ-EHUK (R.P.TOLANI) (T.R. MEENA) U;KF;D LNL;@ JUDICIAL MEMBER YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ @ JAIPUR FNUKAD @ DATED:- 09 TH JANUARY, 2015 *RANJAN VKNS'K DH IZFRFYFI VXZSFKR @ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ @ THE APPELLANT- THE ACIT, CIRCLE-1, KOTA. 2. IZR;FKHZ @ THE RESPONDENT- M/S INSTRUMENTATION LTD., KOTA. 3. VK;DJ VK;QDRVIHY @ THE CIT(A), KOTA. 4. VK;DJ VK;QDR @ CIT, JAIPUR 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ @ DR, ITAT, JAIPUR 6. XKMZ QKBZY @ GUARD FILE (ITA NO. 945/JP/2012 & C.O. 07/JP/2013) VKNS'KKUQLKJ @ BY ORDER, LGK;D IATHDKJ @ ASST. REGISTRAR