Equinox Brands Pvt.Ltd., Ahmedabad V. The ACIT.,Circle-4, Ahmedabad

MA 168/AHD/2012

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9204 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 02-11-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2006-2007
• Appeal Filed On: 31-08-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: U P VERMA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH AHMEDABAD BEFORE SHRI D.K.TYAGI , JUDICIAL MEMBER AND SHRI T.R. MEENA, ACCOUNTANT MEMBER M.A. NO. 1 68 /AHD/ 201 2 ASSESSMENT YEAR : 2006-07 (ARISING OUT OF ITA NO. 145/AHD/2010) ASSESSMENT YEAR :2006-07 M/S EQUINOX BRANDS PVT. LTD., 41, NOBLES A WING, OPP. NEHRU BRIDGE, ASHRAM ROAD, AHMEDABAD V/S . ACIT, CIRCLE 4, AHMEDABAD PAN NO. AA ACE3476D (APPELLANT) .. (RESPONDENT) BY APPELLANT MS. URVASHI SHODHAN, A.R. /BY RESPONDENT SHRI U.P. VERMA, SR.D.R. /DATE OF HEARING 02.11.2012 /DATE OF PRONOUNCEMENT 02.11.2012 O R D E R PER : T.R.MEENA, ACCOUNTANT MEMBER THIS M.A. IS FILED BY THE ASSESSEE AGAINST ORDER DA TED 31.07.2012 IN RESPECT OF ASSESSEES APPEAL NO.145/AHD/2010 FOR A. Y. 2006-07, WHERE THE ASSESSEE FILED THE APPEAL AGAINST THE ORDER OF CIT( A)-VIII, AHMEDABAD, DATED 30.09.2009. THERE WERE FOUR ISSUES BEFORE THE BENC H. THE ASSESSEES APPEAL HAS BEEN PARTLY ALLOWED BUT THE ASSESSEE CAM E IN M.A. NO. 168 AHD 2012. 2. LD. COUNSEL FOR THE APPELLANT CONTENDED THAT THE RE IS NO REVENUE LOSS AS A COMPANY HAS BROUGHT FORWARDED THE LOSS. THEREFOR E, THE REMUNERATION PAID M.A. NO.168/AHD/12, A/O ITA NO. 145/AHD/2010, A.Y. 06-07 PAGE 2 TO MRS. NEENA PAREKH IS TO BE ACCEPTED IN VIEW OF T HE CASE LAW CITED BY THE APPELLANT I.E. CIT VS. INDO SAUDI SERVICE TRAVELS (P) LTD. (2009) 310 ITR 306 (BBY). AT THE OUTSET, LD. D.R. HAS OPPOSED THE ARGUMENTS O F LD. COUNSEL FOR THE APPELLANT. 3. WE HAVE PERUSED THE M.A. AND HEARD THE RIVAL CON TENTIONS AND SUBMISSIONS. THE ASSESSEES CASE HAS BEEN THOROUGH LY DISCUSSED AFTER EXAMINING THE CASE LAW CITED BY LD. COUNSEL FOR THE APPELLANT. WE HAVE CONSIDERED VIEW, IF WE AGAIN ADMIT ANY CHANGE IN TH E ORDER IS TANTAMOUNT TO REVIEW THE ORDER OF BENCH, WHICH IS NOT ALLOWED AS PER INCOME TAX LAW TO THE BENCH. THEREFORE, WE DISMISS THE M.A. OF THE ASSES SEE. 4. IN THE RESULT, THE M.A. OF THE ASSESSEE IS DISMI SSED. THIS ORDER PRONOUNCED IN OPEN COURT ON 02.11.2012 SD/- SD/- ( D.K.TYAGI ) (T.R. MEENA) JUDICIAL MEMBER ACCOUNTANT MEMBER TRUE COPY S.K.SINHA ! ! ! ! '! '! '! '! / COPY OF ORDER FORWARDED TO:- 1. / APPELLANT 2. / RESPONDENT 3. '(' ) * / CONCERNED CIT 4. *- / CIT (A) 5. !./ ), ) , 12( / DR, ITAT, AHMEDABAD 6. /45 67 / GUARD FILE. BY ORDER/ , 8/ 1 ': ) , 12( ; M.A. NO.168/AHD/12, A/O ITA NO. 145/AHD/2010, A.Y. 06-07 PAGE 3 STRENGTHEN PREPARATION & DELIVERY OF ORDERS IN THE ITAT 1) DATE OF TAKING DICTATION 09.11.2012 2) DIRECT DICTATION BY MEMBER STRAIGHT ON COMPUTER/LAPTOP/DRAGON DICTATE XXX 3) DATE OF TYPING & DRAFT ORDER PLACE BEFORE MEMBER 09.11.2012 4) DATE OF CORRECTION XXX 5) DATE OF FURTHER CORRECTION XXX 6) DATE OF INITIAL SIGN BY MEMBERS 09.11.2012 7) ORDER UPLOADED ON ,, ,, 8) ORIGINAL DICTATION PAD HAS BEEN ENCLOSED IN THIS FILE YES 9) FINAL ORDER AND 2 ND COPY SEND TO BENCH CLERK ON 19.11.2012