The DY. CIT, GNR Circle, Gandhinagar V. Sardar Sarovar Narmada Nigam Ltd., Gandhinagar

MA 218/AHD/2017

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 2250 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 4 month(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 02-12-2020
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2008-2009
• Appeal Filed On: 01-08-2017
• Court: TRIBUNAL
• Department Lawyers: VIDYUT TRIVEDI
• Keywords: Business income

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD (THROUGH VIRTUAL COURT) BEFORE SHRI AMARJIT SINGH, ACCOUNTANT MEMBER & MS. MADHUMITA ROY, JUDICIAL MEMBER M.A. NO.218/AHD/2017 (IN ITA NO. 420/AHD/2012) (ASSESSMENT YEAR: 2008-09) DCIT GANDHINAGAR CIRCLE, GANDHINAGAR VS. M/S. SARDAR SAROVAR NARMADA NIGAM LTD. 7 TH FLOOR, BLOCK NO. 12, NEW SACHIVALAY COMPLEX, GANDHINAGAR [PAN NO. AACCS6704L] ( APPELLANT ) .. ( RESPONDENT ) APPELLANT BY : SMT. ARTI SHAH, A.R. RESPONDENT BY : SHRI VIDYUT TRIVEDI , SR. D.R. DATE OF HEARING 16/10/2020 DATE OF PRONOUNCEMENT 02/12/2020 O R D E R PER MS. MADHUMITA ROY - JM: THE INSTANT APPLICATION FILED BY THE REVENUE IS DIR ECTED AGAINST THE ORDER DATED 29.04.2016 PASSED BY THE TRIBUNAL. IN THE SAID ORD ER REVENUE SOUGHT FOR RECTIFICATION IN REGARD TO THE DECISION OF THE TRIBUNAL HOLDING T HE INCOME OF THE ASSESSEE TO THE TUNE OF RS. 4,99,15,047/- AS BUSINESS INCOME ON THE BASI S OF THE EARLIER ORDER PASSED IN C.O. NO. 33/AHD/2009 FOR ASSESSMENT YEAR 2005-06 DA TED 05.09.2013. FURTHER THAT THEY HAVE RELIED UPON THE ORDER PASSED BY THE LD. C IT(A). 2. WE HAVE HEARD THE PARTIES AND PERUSED THE RELEVA NT MATERIALS AVAILABLE ON RECORDS. WE FIND THAT IN PARAGRAPH 7 THE LD. TRIBUNAL HAS B EEN PLEASED TO OBSERVE AS FOLLOWS:- - 2 - MA N O.218/AHD/2017(IN ITA NO.420/A/12) DCIT VS. M/S. SARDAR SAROVAR NARMADA NIGAM LTD. ASST.YEAR 2008-09 7. THE REVENUES FOURTH AND LAST SUBSTANTIVE GROUN D SEEKS TO TREAT ASSESSEES INCOME OF RS. 4,99,15,047/- COMPRISING OF RENT OF RESIDENTIAL BUI LDING OF RS. 67,67,288/-, MISCELLANEOUS RECEIPT OF RS. 4,12,18,702/-, PRIOR PERIOD ADJUSTMENT OF RS . 19,28,992/- AND INTEREST ON LOAN TO STAFF OF RS. 65; RESPECTIVELY AS OTHER INCOME FROM SOURCES AS AG AINST THE CIT(A)S ORDER TAKING THE SAME THE BUSINESS INCOME. THE ASSESSEE INVITES OUR ATTENTIO N TO THE TRIBUNALS ORDER IN ITS OWN IN ASSESSMENT YEAR 2006-07 DECIDED ON 28.02.2014 THAT THE SAME COVERS BY THE FINDINGS THEREIN. LD. DEPARTMENTAL REPRESENTATIVE STATES THAT THE FOUR HE ADS OF INCOME HEREINABOVE ARE NOT COVERED FROM THE SAID ORDER. THE ASSESSEE AT THIS STAGE TA KES US TO PAGE 74 OF THE PAPER BOOK TO STATE THAT ALL THE FOUR ITEMS ARE SQUARELY COVERED. WE HAVE A LSO VERIFIED THIS ASPECT TO FIND THAT THESE FOUR HEADS HAVE ALREADY BEEN HELD TO BE INCOME FROM BUSI NESS. THERE IS NO OTHER DISTINCTION POINTED OUT. WE REJECT THIS FOURTH GROUND AS WELL. REVENU ES APPEAL ITA 420/AHD/2012 IS DISMISSED. WE HAVE ALSO PERUSED THE ORDER PASSED BY THE LD. T RIBUNAL IN ASSESSEES OWN CASE FOR A.Y. 2006-07 WHICH RELIED UPON THE ORDER PASSED IN A.Y. 2002-03 AND 2003-04. UPON PERUSAL OF THOSE ORDERS WE FIND NO ERROR ON TH E FACE OF THE RECORD AS ALLEGED BY THE REVENUE FOR RECTIFICATION. HENCE, IN THE ABSENCE O F ANY MERIT THE APPLICATION IS DISMISSED. 3. IN THE RESULT, MISC. APPLICATION IS DISMISSED. THIS ORDER PRONOUNCED IN OPEN COURT ON 02/12/2020 SD/- SD/- (AMARJIT SINGH) (MS. MADHUMITA ROY) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 02/12/2020 TANMAY, SR.PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ( ) / THE CIT(A). 5. , ! ' , #$%% / DR, ITAT, AHMEDABAD 6. &' () / GUARD FILE. / BY ORDER, //TRUE COPY// / ( DY./ASSTT.REGISTRAR) !, #$ / ITAT, AHMEDABAD