Shri Ashwin Kantilal Rawal, Ahmedabad V. The Income Tax Officer, Ward-9(4), Ahmedabad

MA 156/AHD/2018

• Counselvise Citation: [2019] 111 COUNSELVISE.COM (IT) 2230 (ITAT-AHMEDABAD)
• Duration Of Justice: 9 month(s) 29 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 27-03-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 29-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: ANIL R SHAH; KINJAL SHAHA R
• Keywords: Earning of tax free income
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD B BENCH (BEFORE SHRI MAHAVIR PRASAD, JUDICIAL MEMBER & SHRI WASEEM AHMED, ACCOUNTANT MEMBER) M.A. NO: 156/AHD/2018 (IN ITA NO. 314/AHD/2016) (ASSESSMENT YEAR: 2011-012) SHRI ASHWIN KANTILAL RAWAL, PROP. OF VIJAY LAND INFRASTRUCTURE, B/H. SAMATHESHWAR MAHADEV, LAW GARDEN, ELLISBRIDGE, AHMEDABAD-380006 V/S INCOME TAX OFFICER, WARD- 9(4), AHMEDABAD (APPELLANT) (RESPONDENT) PAN: AAJPR8752R APPELLANT BY : SHRI ANIL R. SHAH & KINJAL SHAH,A .R. RESPONDENT BY : SHRI JAMES KURIAN, SR. D.R. ( )/ ORDER DATE OF HEARING : 15 -03-201 9 DATE OF PRONOUNCEMENT : 27 -03-2019 PER MAHAVIR PRASAD, JUDICIAL MEMBER 1. BY VIRTUE OF THIS MISCELLANEOUS APPLICATION FILED B Y THE ASSESSEE U/S 254(2) OF THE ACT AND STATED THAT ITAT BENCH HAS NOT CONSIDER ED THE SUBMISSION AND HAVING FOLLOWED BINDING JUDGMENT REGARDING BOOKS OF ACCOUNTS IS A MISTAKE M.A. NO 156/ AHD/2018 . A.Y. 2011-12 2 APPARENT ON RECORD AS WELL AS SIMILARLY ESTIMATING G.P. @N 28.96% WITHOUT GIVING ANY COMPARABLE CASE IS ALSO A MISTAKE APPARE NT ON RECORD. 2. WE HAVE GONE THROUGH THE RELEVANT RECORD AND IM PUGNED ORDER. THE ASSESSEE HAS RAISED TWO SUBSTANTIVE GROUNDS IN ITS APPEAL BEFORE THE ITAT THAT LD. CIT(A) ERRED IN CONFIRMING GP ADDITION OF RS. 1 ,74,945/- @ 28.96% ON AUDA AND ELECTRIC CONNECTION CHARGES EXPENSES OF RS . 6,04,095/-. IN ITS JUDGMENT, BENCH PASSED THE ORDER AFTER CONSIDERING THE HONBLE APEX COURT JUDGMENT IN THE CASE OF MAXOPP INVESTMENT LTD. VS. CIT, [2018] 91 TAXMANN.COM 154 (SC) WHEREIN IT IS HELD THAT SETTLE D LAW THAT RELEVANT EXPENDITURE IN CASE OF EXEMPT INCOME HAS TO BE APPO RTIONED BETWEEN TAXABLE AND NON-TAXABLE INCOME. WHEN ON THE SUBJECT IF SUPR EME COURT JUDGMENT IS THERE WITH REGARD TO ANY DISPUTE IN THAT CASE HIGH COURT JUDGMENT WILL ALSO BE OVERRULED. THEREFORE, WE DO NOT FIND ANY APPARENT M ISTAKE IN THE ORDER PASSED BY THE ITAT. THEREFORE, SAME IS DISMISSED. 4. IN THE RESULT, MISC. APPLICATION FILED BY THE A SSESSEE IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON 27 - 03 - 2019 SD/- SD/- (WASEEM AHMED) (MAHAVIR PRASAD) ACCOUNTANT MEMBER TRUE COPY J UDICIAL MEMBER AHMEDABAD: DATED 27 /03/2019 COPY OF THE ORDER FORWARDED TO: - 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS) 4. THE CIT CONCERNED. 5. THE DR., ITAT, AHMEDABAD. 6. GUARD FILE. BY ORDER DEPUTY/ASSTT.REGISTRAR ITAT,AHME DABAD