RUSHI AGROTEEK MKT. LTD, Ahmedabad V. THE DY,CIT CENTCIR.1(3), Ahmedabad

MA 116/AHD/2009

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 4792 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 4 month(s) 20 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 27-08-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: misc
• Appeal Filed On: 06-04-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SHRIVIMALENDU VERMA SRDR
• Assessee Lawyers: P M MEHTA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH B AHMEDABAD BEFORE SHRI N.S. SAINI, ACCOUNTANT MEMBER AND SHRI MAHAVIR SINGH, JUDICIAL MEMBER M.A.NO.116/AHD/2009 (ARISING OUT WITH IT(SS)A NO.185/AHD/2002 & CO NO.168/AHD/2002 BLOCK PERIOD 1999-91 TO 30.6.98 DATE OF HEARING:27.8.10 DRAFTED:27.8. 10 RUSHI AGROTECH MARKETING PVT. LTD., 92/2, KABUTAR KHANA, CHOKHA BAZAR, AHMEDABAD PAN NO.AAACR7359E V/S . DCIT, CENTRAL CIRCLE-1- (3), AHMEDABAD (ORIGINAL RESPONDENT) (ORIGINA L APPELLANT) (APPELLANT) .. (RESPONDENT) APPELLANT BY :- SHRI P.M. MEHTA, AR RESPONDENT BY:- SHRIVIMALENDU VERMA, SR-DR O R D E R PER MAHAVIR SINGH, JUDICIAL MEMBER:- BY WAY OF THIS MISCELLANEOUS APPLICATION (MA), THE ASSESSEE HAS REQUESTED FOR RECTIFYING OF TRIBUNALS ORDER PASSED IN IT(SS)A NO.185/AHD/2002 & CO NO.168/AHD/2002 DATED 16-03-2007 PASSED. 2. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE STATED THAT HE HAS WRITTEN A LETTER FOR WITHDRAWING THIS MA. ON QUERY FROM THE B ENCH, LD. DR HAS NOT OBJECTED TO THE WITHDRAWAL. THE RELEVANT CONTEST OF THE LETTER READS AS UNDER:- WITH A VIEW TO RECALL THE FACTS LEADING TO THE MA ABOVE, THE HONOURABLE BENCH VIDE THEIR ORDER DATED MARCH 16, 2007 HAD RES TORED THE GROUND RELATING TO THE ADDITION MADE BY THE ASSESSING OFFICER ON AC COUNT OF SHARE APPLICATION MONEY FOR THE REASON THAT THE ASSESSING OFFICER MAY MAKE THE ASSESSMENT DE NOVO AFTER PROPER ENQUIRY INTO THE FACTS ON THIS IS SUE. YET ANOTHER REASON FOR RESTORING THIS ISSUE TO THE ASSESSING OFFICER WAS A DMISSION OF NEW EVIDENCE BY MA NO.116/AHD/2009 (A/O. IT(SS)A NO.185/A/02 & CO 1 68/AHD/02) B.P. 90-91 TO 30.6.98 RUSHI AGROTECH MKT. PVT. LTD. V. DCIT CC-1(3), ABD PAGE 2 THE CIT(A) WITHOUT CALLING FOR ANY REMAND REPORT OR WITHOUT GIVING AN OPPORTUNITY TO THE DEPARTMENT. SIMILARLY, AS REGARD S THE OTHER GROUND OF ADDITION OF RS.3.08 LAKH ON ACCOUNT OF GROSS PROFIT AND CIRCULATING CAPITAL, ONCE AGAIN THE HONOURABLE BENCH HAD RESTORED THE MATTER TO THE ASSESSING OFFICER FOR PROPER VERIFICATION OF THE FACTS. IT IS RESPECT FULLY SUBMITTED THAT THE ASSESSING OFFICER REFRAMED THE RESTORED ASSESSMENT VIDE HIS ORDER DATED 11/12-2008 ONCE AGAIN MAKING THE SAME ADDITIONS. TH E MATTER WAS ONCE AGAIN CARRIED BEFORE THE CIT(A) AND THE LEARNED CIT (A) VIDE APPEAL NO. CIT(A) -XI/601/08-09 DATED 06-05-2010 DECIDED BOTH THE ISSUES IN THE ASSESSEES FAVOUR. IN VIEW OF ABOVE, THEREFORE THE APPELLANT RESPECTFU LLY PRAYS FOR PERMISSION TO WITHDRAW MA NO.116/A/2009. FOR THIS, THE ASSESSEE S HALL REMAIN GRATEFUL. THE MA OF THE ASSESSEE IS WITHDRAWN. 3. IN VIEW OF THE ABOVE, WE PERMIT THE WITHDRAWAL A ND ACCORDINGLY DISMISS AS WITHDRAWN. 4. IN THE RESULT, ASSESSEES MA IS DISMISSED AS WITHDR AWN. ORDER PRONOUNCED IN OPEN COURT ON 27/08/2010 SD/- SD/- (N.S.SAINI) (M AHAVIR SINGH) (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) AHMEDABAD, DATED : 27/08/2010 *DKP COPY OF THE ORDER FORWARDED TO :- 1. THE ASSESSEE. 2. THE REVENUE. 3. THE CIT(APPEALS)-I, AHMEDABAD 4. THE CIT CONCERNS. 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER, /TRUE COPY/ DEPUTY / ASSTT.REGISTRAR ITAT, AHMEDABAD