Anupam Silk Mills Pvt. Ltd., Surat V. The ACIT., Cent.Circle-4, Surat

MA 238/AHD/2009

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 4358 (ITAT-AHMEDABAD)
• Duration Of Justice: 7 month(s) 5 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-02-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2003-2004
• Appeal Filed On: 13-07-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NEETA SHAH
• Assessee Lawyers: S N DIVETIA

Judgement Text

- 1 - IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH A AHMEDABAD BEFORE S/SHRI T.K. SHARMA, JM AND D.C.AGRAWAL, AM ANUPAM SILK MILLS (P) LTD., 225-226, ARIHANT TEXTILE MARKET, RING ROAD, SURAT-395 002. V/S . DY. CIT, CIRCLE-1, SURAT. (APPELLANT) .. (RESPONDENT) APPELLANT BY :- SHRI S. N. DIVETIA, AR RESPONDENT BY:- SMT. NEETA SHAH, SR.DR O R D E R PER D. C. AGRAWAL, ACCOUNTANT MEMBER. IN THIS CASE ASSESSEE HAS FILED THIS MISCELLANEOUS APPLICATION AGAINST THE TRIBUNALS ORDER IN ITA NO.1749/AHD/200 6 PERTAINING TO ASST. YEAR 2003-04 PASSED ON 8.5.2009 POINTING OUT THAT T HE TRIBUNAL HAS NOT DISPOSED OF THE GROUND RELATING TO A SUM OF RS.20,8 22/-. 2. THE LD. AR FOR THE ASSESSEE POINTED OUT THAT ASS ESSEE HAS IN FACT RAISED GROUND COMPRISING OF TWO SUMS NAMELY RS.6,8 5,798/- AND RS.20,822/-. THE COMPOSITE GROUND READS AS UNDER :- M.A. NO.238/AHD/2009 ARISING OUT OF ITA NO.1749/AHD/2006 ASST. YEAR :2003-04 2 [1] APPELLATE AUTHORITY HAVE GREVIOUSLY ERRED, BOTH , ON FACTS AND IN LAW IN SUSTAINING THE ADDITION IN THE SUM OF RS.6,8 5,798/- OUT OF THE DISPUTED ADDITION OF RS.27,43,200/- DESPITE HAVING SATISFIED AND THEREAFTER RECORDING FACTUAL AND LEGAL FINDINGS {PA RA 6 OF THE APPELLATE DECISION ON PAGE -12) IN FAVOUR OF THE APPELLANT. A PPELLATE AUTHORITY HAD FOLLOWED HIS OWN PREVIOUS APPELLATE ORDER FOR ASST. YEAR 2002-03 TO MAINTAIN THE SEQUENCE. SUSTAINED ADDITION OF RS.6,8 5,798/- BE FULLY DELETED ON APPRECIATION OF FACTS AND LEGAL CITATION S SUBMITTED BEFORE LOWER AUTHORITIES. ADDITIONALLY, APPELLATE AUTHORITY HAVE OVERLOOKED A ND FAILED IN APPRECIATING AND EVALUATING THE EVIDENCE LED BY THE APPELLANT BEFORE THE APPELLATE AUTHORITY. APPELLATE AUTHORITY WAS JUST R EQUIRED TO CAREFULLY AND PATIENTLY REQUIRED TO APPRECIATE THE TRUTHFUL E XPLANATION (SUPPORTED WITH EVIDENCE) OF THE APPELLANT PRESENTED BEFORE AS SESSING AUTHORITY. IMPROPER AND UNREASONABLE EVALUATION OF THE SAME LE D TO THE CONFIRMATION OF THE ADDITION OF RS.20,822/- ON ACCO UNT OF DIFFERENCE IN VALUATION OF CLOSING STOCK. IT BE FULLY DELETED. 3. THE TRIBUNAL WHILE DISPOSING OF THE APPEAL OF AS SESSEE DID NOT ADJUDICATE PART OF THE GROUND RELATING TO SUM OF RS .20,822/-. 4. WE HAVE HEARD THE PARTIES AND PERUSED THE MATERI AL ON RECORD. EVEN THOUGH AGAINST GROUND NO.2 WHICH ALSO COMPRISED OF ABOVE TWO SUMS THERE IS REMARK NOT PRESSED BUT SINCE SUM OF RS.2 0,822/- ALSO CONTAINED IN GROUND NO.1 AND THE TRIBUNAL HAS NOT DECIDED ABO UT THIS AND ALSO NOT MENTIONED IN THE ORDER THAT ISSUE RELATING TO RS.20 ,822/- IS NOT PRESSED, WE RECALL THE ORDER OF THE TRIBUNAL TO THIS EXTENT FOR DISPOSING OF THE GROUND RELATING TO ADDITION OF RS.20,822/- AS ABOVE . ACCORDINGLY THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS ALLOWED. 5. THE REGISTRY IS DIRECTED TO FIX THIS APPEAL, FOR ADJUDICATING ADDITION OF RS.20,822/-. 3 6. IN THE RESULT, MISCELLANEOUS APPLICATION OF THE ASSESSEE IS ALLOWED. SD/- SD/- (T.K. SHARMA) (D.C.AGRAWAL) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD, DATED : 18/2/2010 MAHATA/- COPY OF THE ORDER FORWARDED TO :- 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT(APPEALS)- 4. THE CIT CONCERNS. 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER, DEPUTY / ASSTT.REGISTRAR ITAT, AHMEDABAD ORDER PRONOUNCED IN OPEN COURT ON 18/2/2010