M/s. Ashabhai Babarbhai Patel & Co.,, Anand v. The Income tax Officer,Ward-3,, Anand

CO 213/AHD/2010 | 2005-2006
Pronouncement Date: 16-12-2010 | Result: Dismissed

Appeal Details

RSA Number 21320523 RSA 2010
Assessee PAN AADFA1348Q
Bench Ahmedabad
Appeal Number CO 213/AHD/2010
Duration Of Justice 4 month(s) 19 day(s)
Appellant M/s. Ashabhai Babarbhai Patel & Co.,, Anand
Respondent The Income tax Officer,Ward-3,, Anand
Appeal Type Cross Objection
Pronouncement Date 16-12-2010
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted D
Tribunal Order Date 16-12-2010
Assessment Year 2005-2006
Appeal Filed On 28-07-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL : D BENCH : AHMEDABAD (BEFORE HONBLE SHRI T.K. SHARMA J.M. & HON' BLE SHRI A.N. PAHUJA A.M. ) C.O. NO. 213/AHD/2010 (ARISING OUT OF I.T.A. NO. 2195/AHD./2010) ASSESSMENT YEAR : 2005-2006 M/S. ASHABHAI BABARBHAI PATEL & CO. -VS.- INCOM E TAX OFFICER WARD-3 ANAND ANAND (PAN : AADFA 1348 Q) (CROSS OBJECTOR) (RESPONDENT) CROSS OBJECTOR/ ASSESSEE BY : SHRI P.B. D OSHI RESPONDENT/ DEPARTMENT BY : SHRI ROHIT M EHRA D.R. O R D E R PER SHRI T.K. SHARMA JUDICIAL MEMBER : THIS CROSS OBJECTION FILED BY THE ASSESSEE IS IN S UPPORT OF THE ORDER DATED 30.04.2010 OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-IV BA RODA FOR THE ASSESSMENT YEAR 2005-06. THE GROUND OF CROSS OBJECTION READS AS UNDER :- THE LD. CIT(APPEALS) HAS RIGHTLY DELETED THE DISAL LOWANCE OF INTEREST RS.5 60 757/- U/S. 40(A)(IA) OF THE ACT CO NSIDERING THE FACTS THAT THE FIRM HAD RECEIVED THE FORM 15G FROM THE DE POSITOR MANIBHAI A. PATEL (HUF) AND IT WAS SENT TO THE COMM ISSIONER OF INCOME TAX BARODA AS PER THE PROVISION OF SECTION 1 97A(2) OF THE ACT. SO THE FIRM IS NOT LIABLE TO DEDUCT THE TAX AT SOURCE. 2. AS WE HAVE ALREADY DECIDED THE APPEAL OF THE RE VENUE ON 10.12.2010 IN ITA NO. 2195/AHD/2010 FOR THE ASSESSMENT YEAR 2005-06 IN FA VOUR OF ASSESSEE THEREFORE THE CROSS OBJECTION FILED BY THE ASSESSEE RENDERS INFRUCTUOUS AND IS DISMISSED. 3. IN THE RESULT THE CROSS OBJECTION FILED BY THE ASSESSEE IS DISMISSED. THE ORDER WAS PRONOUNCED IN THE COURT ON 16.12.20 10 SD/- SD/- (A.N. PAHUJA) (T.K. SHARMA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 16/ 12 / 2010 2 CO-213-A HD-2010 (IN ITA NO. 2195-AHD-2010) COPY OF THE ORDER IS FORWARDED TO : 1) THE ASSESSEE (2) THE DEPARTMENT. 3) CIT(A.) CONCERNED (4) CIT CONCERNED (5) D.R. ITAT AHMEDABAD. TRUE COPY BY ORDER DEPUTY REGI STRAR ITAT AHMEDABAD LAHA/SR.P.S.