Ralson Infrastructure Pvt. Ltd., Ahmedabad V. The ACIT.,Cent.Circe-2(4), Ahmedabad

ITSSA 376/AHD/2011

• Counselvise Citation: [2014] 122 COUNSELVISE.COM (IT) 0155 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 23 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 06-06-2014
• Appeal Filed By: Assessee
• Bench Allotted: C
• Assessment Year: 2006-2007
• Appeal Filed On: 13-05-2011
• Court: TRIBUNAL
• Department Lawyers: JAGDISH
• Assessee Lawyers: VIJAY RANJAN
• Section: 143(3); 153A; 263

Judgement Text

, , , , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD 0 00 0 0 00 0 , , , , !'# !$ !'# !$ !'# !$ !'# !$0 00 0! !! !0 00 0 %$ %$ %$ %$, , , , &' ( &' ( &' ( &' ( & & & & BEFORE SHRI G.C. GUPTA, VICE PRESIDENT AND SHRI N.S. SAINI, ACCOUNTANT MEMBER IT(SS)A NO. 376/AHD/2011 ASSESSMENT YEAR 2006-07 RALSON INFRASTRUCTURE PVT. LTD. , AHMEDABAD. PAN: AACCR8671F VS ACIT, CENTRAL CIRCLE-2(4), AHMEDABAD. )*/ APPELLANT ,-)* / RESPONDENT REVENUE BY : SHRI JAGDISH, SR. DR ASSESSEE(S) BY : SHRI VIJAY RANJAN, AR $'. / 0'/ // / DATE OF HEARING : 28/05/2014 123 / 0' / DATE OF PRONOUNCEMENT : 06/06/2014 &4 &4 &4 &4/ // / O R D E R PER SHRI G.C. GUPTA, VICE PRESIDENT: THIS IS AN APPEAL OF THE ASSESSEE FOR ASSESSMENT YEAR 2006-07 DIRECTED AGAINST THE ORDER OF THE CIT(A). 2. THE GROUNDS OF THE APPEAL ARE AS UNDER: 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E, THE IMPUGNED REVISIONAL ORDER IS BAD IN LAW AND DESERVES TO BE C ANCELLED. 2. WITHOUT PREJUDICE, ON THE FACTS AND IN THE CIRCU MSTANCES OF THE CASE, THE CIT ERRED IN CONSIDERING IT A FIT CASE FO R INVOKING THE PROVISIONS OF SECTION 263 AND FURTHER ERRED IN HOLD ING THAT PRIMA FACIE A SUM OF RS 12,80,000 PAID BY THE ASSESSEE TO M/S. KARAN ASSOCIATION WAS LIABLE TO BE DISALLOWED IN VIEW OF THE PROVISIONS OF SECTION 40(A)(IA). IT(SS)A NO. 376/AHD/2011 RALSON INFRASTRUCTURE PVT. LTD. FOR A.Y. 2006-07 - 2 - 3. THE LD. AR OF THE ASSESSEE SUBMITTED THAT THE ASSESSEE IS NOT PRESSING THE GROUNDS OF APPEAL FILED BY IT FOR THE REASON THAT IT HAS GOT SUFFICIENT RELIEF IN ASSESSMENT FRAMED AS A CONSEQU ENCE OF THE ORDER PASSED U/S. 263 OF THE ACT. THE LD. DR HAS NO OBJECTION T O THE SUBMISSION OF THE ASSESSEE. 4. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE ORDERS OF LOWER AUTHORITIES AND MATERIAL ON RECORD. IN VIEW OF THE FACT THAT THE ASSESSEE IS NOT PRESSING ITS GROUNDS OF APPEAL SINC E IT HAS GOT SUFFICIENT RELIEF IN THE ASSESSMENT FRAMED U/S. 143(3) READ WITH SECT ION 153A AND SECTION 263 OF THE ACT AND ALSO IN APPEAL REFERRED BEFORE T HE CIT(A), WE DISMISS THE GROUNDS OF APPEAL OF THE ASSESSEE. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DI SMISSED. ORDER PRONOUNCED IN THE COURT ON FRIDAY, THE 06 TH OF JUNE, 2014 AT AHMEDABAD. SD/- SD/- ( N.S. SAINI) ACCOUNTANT MEMBER (G.C. GUPTA) VICE PRESIDENT AHMEDABAD; DATED 06/06/2014 GHANSHYAM MAURYA, SR. P.S. TRUE COPY &4 / ,5 6&53 &4 / ,5 6&53 &4 / ,5 6&53 &4 / ,5 6&53/ COPY OF THE ORDER FORWARDED TO : 1. )* / THE APPELLANT 2. ,-)* / THE RESPONDENT. 3. ## 7 / CONCERNED CIT 4. 7() / THE CIT(A)-III, AHMEDABAD 5. 5': ,$ , , / DR, ITAT, AHMEDABAD 6. ;< =. / GUARD FILE. &4$ &4$ &4$ &4$ / BY ORDER, / // / # # # # ( DY./ASSTT.REGISTRAR) , , , , / ITAT, AHMEDABAD