Vipin Silk Mills, Surat V. The Income tax Officer,Ward-2(2), Surat

MA 24/AHD/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6274 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 month(s) 28 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 15-04-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2004-2005
• Appeal Filed On: 17-02-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: G S SOURYAWANSHI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD, B BENCH (BEFORE S/SHRI G.D. AGARWAL, VICE-PRESIDENT AND D.K. TYAGI, JUDICIAL MEMBER) MA NO.24/AHD/2011 IN ITA NO.382/AHD/2008 [ASSTT. YEAR : 2004-2005] M/S.VIPIN SILK MILLS 165, SHRIRAM INDUSTRIAL SOCIE`TY UDHANA MAGDALLA ROAD SURAT. VS. ACIT, RANGE-2 SURAT. (APPELLANT) (RESPONDENT) APPLICANT BY : WRITTEN SUBMISSIONS REVENUE BY : SHRI G.S.SOURYAWANSHI O R D E R PER G.D. AGARWAL, VICE-PRESIDENT: BY THIS MISCELLANEOUS APPLICATION, THE ASSESSEE HAS SOUGHT FOR THE MODIFI CATION OF THE ORDER OF THE ITAT IN ITA NO.382/AHD/2008 DATED 11-6-2010. 2. AT THE TIME OF HEARING BEFORE US, NONE APPEARED ON BEHALF OF THE ASSESSEE BUT A LETTER WAS FILED STATING THAT THE MA TTER MAY BE DECIDED CONSIDERING THE SUBMISSIONS MADE IN THE RECTIFICATI ON APPLICATION. 3. WE HAVE HEARD LEARNED DR AND PERUSED THE MATERIA L PLACED BEFORE US. IN THE ASSESSEES APPEAL, THE FIRST ISSUE BEFO RE THE ITAT IS WITH REGARD TO THE REJECTION OF THE ASSESSEES BOOKS OF ACCOUNT S AND THE APPLICATION OF GP RATE. WE FIND THAT THE ASSESSEE HAS ALSO FILED MA NO.23/AHD/2011 IN ITA NO.3260/AHD/2008 SEEKING TO MODIFY THE ORDER DA TED 23-6-2003 PASSED IN THAT APPEAL. THAT MA HAS BEEN DISMISSED BY US IN SEPARATE ORDER OF EVEN DATED. SINCE THE FACTS IN THE PRESEN T MA ARE ALSO SIMILAR AS THAT OF MA NO.23/AHD/2011 EXCEPT QUANTUM, FOR THE D ETAILED DISCUSSION MA NO.24/AHD/2011 -2- AND THE REASONING GIVEN IN THE ORDER, WE DO NOT FIN D ANY MERIT IN THE PRESENT MA ALSO, ACCORDINGLY, THE SAME IS REJECTED. 4. IN RESULT, ASSESSEES MA IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON 15 TH APRIL, 2011 SD/- SD/- (D.K. TYAGI) JUDICIAL MEMBER (G.D. AGARWAL) VICE-PRESIDENT PLACE : AHMEDABAD DATE : 15-04-2011 C OPY OF THE ORDER FORWARDED TO: 1) : APPELLANT 2) : RESPONDENT 3) : CIT(A) 4) : CIT CONCERNED 5) : DR, ITAT. BY ORDER DR/AR, ITAT, AHMEDABAD 1. DATE OF DICTATION : 08-04-2011 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER. : 12-04-2011 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P.S./P.S : 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT. : 5. DATE ON WHICH FAIR ORDER PLACED BEFORE OTHER MEMBER : 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P.S./P.S. : 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK. : 04-05-2011 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK. : 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER. : 10. DATE OF DESPATCH OF THE ORDER :