M/s Gwalior Tanks & Vessels Ltd, Bhopal V. The A C I T- 1 (2), Bhopal

MA 11/IND/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6401 (ITAT-INDORE)
• Duration Of Justice: 1 month(s) 6 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 29-04-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2006-2007
• Appeal Filed On: 23-03-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PRADEEP KUMAR MITRA
• Assessee Lawyers: GIRISH AGARWAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE BEFORE SHRI JOGINDER SINGH, J.M. AND SHRI R.C.SHARM A, A.M. PAN NO. : AABCG1792 M M.A.NO.09 TO 11/IND/2011 (ARISING OUT OF I.T.A.NOS. 179 TO 181/IND/08) A.YS. : 2004-05 TO 2006-07 M/S. GWALIOR TANKS & VESSELS LIMITED, ACIT, 216-218, NEW INDUSTRIAL AREA-II, VS 1(2), MANDIDEEP, BHOPAL. BHOPAL. APPLICANT RESPONDENT APPLICANT BY : SHRI GIRISH AGARWAL, C.A. RESPONDENT BY : SHRI PRADEEP KUMAR MITRA, SR. DR O R D E R PER R. C. SHARMA, A.M. THESE MISC. APPLICATIONS ARISE OUT OF THE ORDER OF THE TRIBUNAL DATED 29.10.2010. 2. THE GRIEVANCE OF THE ASSESSEE WAS THAT CROSS OBJECT ION FILED BY THE ASSESSEE HAS NOT BEEN CONSIDERED IN TH E ORDER. -: 2: - 2 3. WE HAVE CONSIDERED RIVAL CONTENTIONS AND GONE THROUGH THE ORDER OF THE TRIBUNAL DATED 29.10.2010 AND ALSO SEEN THE CROSS OBJECTION FILED BY THE ASSESSEE IN F ORM NO.36A WITH REGARD TO CONFIRMING DISALLOWANCE OF FABRICATI ON EXPENSES. AT PAGE 100, PARA 84 OF THE TRIBUNALS ORDER DATED 29.10.2010, THE TRIBUNAL HAS DEALT WITH CROSS APPEAL AND CROSS OBJECTION FILED BY THE ASSESSEE AND IT WAS HELD THAT LD. CIT( A) WAS JUSTIFIED IN HOLDING THE ADDITIONS/DISALLOWANCES SU STAINED ON MERITS, AS NOTHING WAS BROUGHT BY THE LEARNED COUNS EL FOR THE ASSESSEE TO THE NOTICE OF THE BENCH TO PERSUADE THE BENCH TO DEVIATE FROM THE FINDINGS OF THE LD. CIT(A) WITH RE GARD TO THESE ADDITIONS/DISALLOWANCES. ACCORDINGLY, ALL THE GROUN DS TAKEN IN THE CROSS OBJECTIONS WERE DISMISSED IN TERMS OF THE FINDING RECORDED BY THE LD. CIT(A). FOLLOWING WAS THE PRECI SE OBSERVATION AND CONCLUSION OF THE BENCH AT PARA 84 :- 84. IN THE CROSS APPEALS AND CROSS FILED BY THE ASSESSEE, GROUNDS HAVE BEEN TAKEN AGAINST PARTIALLY CONFIRMING SOME OF THE ADDITIONS/DISALLOWANCE OF EXPENSES, ETC. BY THE LD. CIT(A). AS WE HAVE ALREAD Y UPHELD THE ORDER OF THE LD. CIT(A) IN ENTIRETY, EVE N -: 3: - 3 FOR THE ADDITIONS/DISALLOWANCE SUSTAINED BY HIM ON MERITS, NOTHING WAS BROUGHT BY THE LEARNED COUNSEL FOR THE ASSESSEE TO OUR NOTICE TO PERSUADE US TO DEVIATE FORM THESE FINDINGS OF THE LD. CIT(A), ACCORDINGLY, ALL THE GROUNDS TAKEN IN THE CROSS OBJECTION ARE ALSO DISMISSED IN TERMS OF THE FINDIN GS RECORDED BY THE LD. CIT(A). 4. IN VIEW OF THE ABOVE, WE DO NOT FIND ANY MISTAKE MU CH LESS THAN AN APPARENT MISTAKE IN THE ORDER OF THE T RIBUNAL. 5. IN THE RESULT, THE MISC. APPLICATION FILED FOR THE ASSESSMENT YEARS 2004-05 TO 2006-07 BY THE ASSESSEE ARE DISMISSED. THIS ORDER HAS BEEN PRONOUNCED IN THE OPEN COURT ON 29 TH APRIL, 2011. SD/- SD/- (JOGINDER SINGH) ( R.C.SHARMA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 29 TH APRIL, 2011. CPU* 3.5.5