The ACIT, Gandhidham Circle, GANDHIDHAM V. M/s. Oswal Lumbers P. Ltd., GANDHIDHAM

MA 32/RJT/2008

• Counselvise Citation: [2010] 124 COUNSELVISE.COM (IT) 7343 (ITAT-RAJKOT)
• Duration Of Justice: 2 year(s) 10 month(s) 14 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 31-12-2010
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 24-12-2010
• Assessment Year: 1999-2000
• Appeal Filed On: 15-02-2008
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: AVINASH KUMAR
• Keywords: Depreciation

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT BEFORE SHRI A.L. GEHLOT (AM) AND SHRI D.T. GARASIA (JM) M.A. NO.32/RJT/2008 (ARISING OUT OF MA NO.13/RJT/2006) (ARISING OUT OF ITA NO.344/RJT/2004) (ASSESSMENT YEAR 1999-2000) ACIT, GANDHIDHAM CIRCLE VS OSWAL LUMBERS PVT LTD GANDHIDHAM SURVEY NO.262, NATIONAL HIGHWAY, NO.8A, GANDHIDHAM-KUTCH PAN : AAACO3558Q (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI AVINASH KUMAR RESPONDENT BY: WRITTEN SUBMISSION O R D E R A.L. GEHLOT : VIDE THIS MISCELLANEOUS APPLICATION T HE REVENUE SUBMITS THAT THE FOLLOWING GROUNDS RAISED IN ITA NO.344/RJT/2004 HAVE NOT BEEN DECIDED BY THE TRIBUNAL, WHILE PASSING ORDER DATED 12-09-2005: THE LD.CIT(A) ERRED IN LAW AND ON FACTS IN DELETIN G THE DISALLOWANCE OF RS.1641674/- MADE ON ACCOUNT OF USA NCE INTEREST BY INVOKING THE PROVISION OF SECTION 40(A) (I). THE LD.CIT(A) ERRED IN LAW AND ON FACTS IN DELETING THE DISALLOWANCE OF RS.32500/- MADE OUT OF PETROL AND DEPRECIATION N CAR IN RESPECT OF PERSONAL USE OF TH E SAME. 2. AFTER HEARING THE LEARNED DEPARTMENTAL REPRESENT ATIVE AND ON PERUSAL OF THE WRITTEN SUBMISSION FROM ASSESSEES S IDE THE MISCELLANEOUS APPLICATION OF THE REVENUE IS ALLOWED TO THE EXTENT OF ADJUDICATING THE ABOVE TWO GROUNDS OF APPEAL FILED BY THE REVENUE. T HE REGISTRY IS DIRECTED TO FIX THE APPEAL IN DUE COURSE FOR ADJUDICATION OF THE ABOVE GROUNDS. MA NO.32/RJT/2008 2 3. IN THE RESULT, MISCELLANEOUS APPLICATION FILED B Y THE REVENUE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 31-12-2010 SD/- SD/- (D.T. GARASIA) (A.L. GEHLOT) JUDICIAL MEMBER ACCOUNTANT MEMBER RAJKOT, DT : 31 ST DECEMBER, 2010 PK/- COPY TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT(A)-II, RAJKOT 4. THE CIT, JAMNAGAR 5. THE DR (TRUE COPY) BY ORDER ASSTT.REGISTRAR, ITAT, RAJKOT