Rachna Art Prints Pvt.Ltd., Surat V. The ACIT.,Cent.Circle-2, Surat

ITSSA 185/AHD/2010

• Counselvise Citation: [2013] 121 COUNSELVISE.COM (IT) 8721 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 6 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 28-02-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 12-02-2013
• Assessment Year: 2007-2008
• Appeal Filed On: 22-02-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: T SANKAR
• Assessee Lawyers: SUPNESH SETH
• Section: 115JB

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, D BENCH, AHMEDABAD BEFORE SHRI A. K. GARODIA, ACCOUNTANT MEMBER AND SHRI KUL BHARAT, JUDICIAL MEMBER I.T.A. NO. 184, 185/ AHD/2010 (ASSESSMENT YEAR 2006-07 & 2007-08) RACHNA ART PRINTS P. LTD., 243-1, GIDC PANDESARA, SURAT VS. ACIT, CC-2, SURAT PAN/GIR NO. : AABCR1277L (APPELLANT) .. (RESPONDENT) APPELLANT BY: SHRI SUPNESH SETH, AR RESPONDENT BY: SHRI T SANKAR, SR. DR DATE OF HEARING: 12.02.2013 DATE OF PRONOUNCEMENT: 28.02.2013 O R D E R PER SHRI A. K. GARODIA, AM:- BOTH THESE APPEALS ARE FILED BY THE ASSESSEE WHICH ARE DIRECTED AGAINST A COMBINED ORDER OF LD. CIT(A) II, AHMEDABA D DATED 01.01.2010 FOR THE ASSESSMENT YEARS 2006-07 & 2007-08. IN BOT H THESE YEARS, THERE IS ONLY ONE GRIEVANCE OF THE ASSESSEE I.E. REGARDING D ISALLOWANCE OF FOREIGN STUDY EXPENSES OF RS.4,55,005/- IN ASSESSMENT YEAR 2006-07 & RS.39,195/- IN ASSESSMENT YEAR 2007-08. 2. IT WAS SUBMITTED BY THE LD. A.R. IN THE VERY BEG INNING THAT SINCE IN BOTH THESE YEARS, EVEN AFTER MAKING THIS DISPUTED A DDITION, INCOME OF THE ASSESSEE HAS BEEN ULTIMATELY ASSESSED BY THE A.O. U /S 115JB, WHICH IS MUCH HIGHER THAN THE NORMAL INCOME EVEN AFTER THIS ADDITION, THE DISPUTE RAISED BY THE ASSESSEE IN BOTH THESE YEARS IS OF AC ADEMIC INTEREST ONLY AND HENCE, THE ASSESSEE DOES NOT PRESS THIS ISSUE IN BO TH THE YEARS. I.T.A.NO. 184, 185 /AHD/2010 2 3. LD. D.R. SUPPORTED THE ORDERS OF AUTHORITIES BEL OW. 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. WE FI ND THAT IN ASSESSMENT YEAR 2006-07, EVEN AFTER MAKING THIS ADD ITION OF RS.4,55,005/-, THE TOTAL INCOME WAS COMPUTED BY THE A.O. AT RS.4,55,005/- WHEREAS THE TOTAL INCOME U/S 115JB WA S WORKED OUT AT RS.44,57,181/-. SIMILARLY, IN ASSESSMENT YEAR 200 7-08, AFTER MAKING ADDITION ON ACCOUNT OF DISALLOWANCE OF FOREIGN TRAV ELING EXPENSES, TOTAL INCOME WAS WORKED OUT BY THE A.O. AT RS.39,195/- WH EREAS TOTAL INCOME U/S 115JB HAS BEEN WORKED OUT AT RS.5,71,985/- AND THE TAX WAS LEVIED BY THE A.O. ON THE INCOME ASSESSED U/S 115JB IN BOTH T HESE YEARS. HENCE, THE DISPUTE RAISED BY THE ASSESSEE IN BOTH THE YEAR S IS OF ACADEMIC INTEREST ONLY BECAUSE IT DOES NOT EFFECT THE TAX LIABILITY O F THE ASSESSEE AND IN VIEW OF THE SUBMISSIONS OF THE LD. A.R. THAT HE IS NOT P RESSING THIS ISSUE IN BOTH THE YEARS, THIS GROUND OF ASSESSEE IS REJECTED AS NOT PRESSED IN BOTH THE YEARS. 5. IN THE RESULT, BOTH THE APPEALS OF THE ASSESSEE ARE DISMISSED. 6. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE M ENTIONED HEREINABOVE. SD./- SD./- (KUL BHARAT) (A. K. GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER SP COPY OF THE ORDER FORWARDED TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE LD. CIT (APPEALS) 5. THE DR, AHMEDABAD BY ORDER 6. THE GUARD FILE AR,ITAT,AHMEDABAD I.T.A.NO. 184, 185 /AHD/2010 3 1. DATE OF DICTATION 20/02/2013 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 21/03/2013.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 28/02/2013 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. P.S./P.S.28/2 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 28/02/2013 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. .