M/s Kiran Oil Industries, JAMNAGAR v. The Assistant Commissioner of Income Tax, Circle 3, JAMNAGAR

CO 51/RJT/2010 | 2006-2007
Pronouncement Date: 30-09-2011 | Result: Dismissed

Appeal Details

RSA Number 5124923 RSA 2010
Assessee PAN AAFFK8370C
Bench Rajkot
Appeal Number CO 51/RJT/2010
Duration Of Justice 10 month(s) 11 day(s)
Appellant M/s Kiran Oil Industries, JAMNAGAR
Respondent The Assistant Commissioner of Income Tax, Circle 3, JAMNAGAR
Appeal Type Cross Objection
Pronouncement Date 30-09-2011
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted DB
Tribunal Order Date 30-09-2011
Date Of Final Hearing 30-09-2011
Next Hearing Date 30-09-2011
Assessment Year 2006-2007
Appeal Filed On 19-11-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH RAJKOT BEFORE SHRI D.K. TYAGI (JUDICIAL MEMBER) AND SHRI A .L. GEHLOT (AM) I.T.A. NO.1195/RJT/2010 (ASSESSMENT YEAR 2006-07) ACIT CIR.3 VS KIRAN OIL INDUSTRIES JAMNAGAR 4 ASHA CHAMBERS GRAIN MARKET JAMNAGAR PAN : AAFFK8370C (APPELLANT) (RESPONDENT) C.O. 51/RJT/2010 (ARISING OUT OF I.T.A. NO.1195/RJT/2010) (ASSESSMENT YEAR 2006-07) KIRAN OIL INDUSTRIES VS ACIT CIR.3 JAMNAGAR JAMNAGAR (CROSS OBJECTION) (RESPONDENT) REVENUE BY : SHRI MK SINGH ASSESSEE BY: SHRI DV LALCHANDANI DATE OF HEARING : 30-09-2011 DATE OF PRONOUNCEMENT : 30-09-2011 O R D E R PER D.K. TYAGI JM THIS APPEAL OF THE REVENUE AND THE CROSS OBJECTION ARE DIRECTED AGAINST THE ORDER OF CIT(A) JAMNAGAR DATED 30-07-2 010 AND PERTAIN TO ASSESSMENT YEAR 2006-07. ITA NO.1195/RJT/2010 CO 51/RJT/2010 2 2. THE SOLE EFFECTIVE GROUND RAISED IN THE APPEAL F ILED BY THE REVENUE PERTAINS TO DELETION OF ADDITION OF RS.27 38 563 MA DE ON ACCOUNT OF ALLEGED LOW YIELD OF OIL OR SUPPRESSION OF PRODUCTI ON. 3. THE ASSESSING OFFICER MADE AN ADDITION OF RS.27 38 563 AS ACCORDING TO HIM THE ASSESSEE SUPPRESSED THE YIELD OF OIL AND OVERSTATING THE PRODUCTION OF OIL CAKES. THE ASSESSING OFFICER HAS ALSO OBSERVED THAT SIMILAR ADDITION WAS MADE IN THE PRECEDING ASSESSME NT YEAR ALSO. THE CIT(A) DELETED THE ADDITION BY FOLLOWING THE ORDER OF THE ITAT ITA NO.249 & 320/RJT/2008 DATED 20-03-2009 FOR THE PRECEDING A SSESSMENT YEAR I.E. AY 2005-06. SINCE THE CIT(A) HAS FOLLOWED THE ORDE R OF THE TRIBUNAL WHILE DELETING THE ADDITION AND THE ASSESSING OFFICER HA S ALSO BASED HIS ADDITION ON THE ACTION OF EARLIER YEAR WE DO NOT SEE ANY IN FIRMITY IN HIS ORDER. THEREFORE IN CONFORMITY WITH THE EARLIER VIEW OF T HE TRIBUNAL WE DECLINE TO INTERFERE WITH THE ORDER OF THE CIT(A). THE APPEAL OF THE REVENUE FAILS. 4. THE CROSS OBJECTION FILED BY THE ASSESSEE HAS NO T BEEN PRESSED BEFORE US; HENCE THE SAME IS DISMISSED FOR WANT OF PROSECUTION. 5. IN THE RESULT THE APPEAL FILED BY THE REVENUE I S DISMISSED AND THE CROSS OBJECTION FILED BY THE ASSESSEE IS ALSO DISMI SSED. ITA NO.1195/RJT/2010 CO 51/RJT/2010 3 ORDER PRONOUNCED IN THE OPEN COURT ON 30-09-2011. SD/- SD/- (A.L. GEHLOT) (D.K. TYAGI) ACCOUNTANT MEMBER JUDICIAL MEMBER RAJKOT DT : 30 TH SEPTEMBER 2011 PK/- COPY TO: 1. ASSESSEE 2. REVENUE 3. THE CIT(A) JAMNAGAR 4. THE CIT JAMNAGAR 5. THE DR I.T.A.T. RAJKOT (TRUE COPY) BY ORDER ASSTT.REGISTRAR ITAT RAJKOT