ITO 10(3)(4), MUMBAI v. SHIVAJI ROLLER FLOUR MILLS P. LTD, NAVI MUMBAI

ITA 1225/MUM/2009 | 2005-2006
Pronouncement Date: 21-05-2010 | Result: Dismissed

Appeal Details

RSA Number 122519914 RSA 2009
Bench Mumbai
Appeal Number ITA 1225/MUM/2009
Duration Of Justice 1 year(s) 2 month(s) 28 day(s)
Appellant ITO 10(3)(4), MUMBAI
Respondent SHIVAJI ROLLER FLOUR MILLS P. LTD, NAVI MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 21-05-2010
Appeal Filed By Department
Order Result Dismissed
Bench Allotted E
Tribunal Order Date 21-05-2010
Date Of Final Hearing 18-05-2010
Next Hearing Date 18-05-2010
Assessment Year 2005-2006
Appeal Filed On 23-02-2009
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES E MUMBAI BEFORE SHRI R.S.SYAL AM AND SHRI VIJAY PAL RAO JM ITA NO.1225/MUM/2009 : ASST.YEAR 2005-2006 THE INCOME TAX OFFICER WARD 10(3)(4) MUMBAI. VS. M/S.SHIVAJI ROLLER FLOUR MILLS PVT. LTD. TTC INDUSTRIAL AREA THANE BELAPUR ROAD DVANAKA POST AIROLI NAVI MUMBAI. PA NO.AABCS6027P. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI SHRAVAN KUMAR RESPONDENT BY : SHRI R.C.JAIN O R D E R PER R.S.SYAL AM : THIS APPEAL BY THE REVENUE ARISES OUT OF THE ORDER PASSED BY THE COMMISSIONER OF INCOME-TAX (APPEALS) ON 22.12.2008 IN RELATION TO THE ASSESSMENT YEAR 2005-2006. 2. THE ONLY GROUND IN THIS APPEAL IS AGAINST THE DE LETION OF ADDITION AMOUNTING TO RS.99 39 619 MADE BY THE ASSESSING OFFICER ON AC COUNT OF SUPPRESSED SALES. BRIEFLY STATED THE FACTS OF THE CASE ARE THAT THE A SSESSEE WAS ENGAGED IN THE BUSINESS OF MANUFACTURING OF WHEAT PRODUCTS SUCH AS RAVA MA IDA ETC. THE ASSESSING OFFICER OBSERVED THAT THE ASSESSEE HAD SHOWN PROFIT OF RS.1.33 LAKHS ON SALE OF RS.51.61 CRORE. PERCENTAGE OF YIELD DUE TO MILLING IN THE YEAR WAS ALSO FOUND TO BE LITTLE LESS. RELYING ON SOME LITERATURE REPORTED IN THE TIMES OF INDIA ISSUE FOR AUGUST 1993 INDICATING THAT THERE WAS A GAIN OF 3% ON THE MILLING OF WHEAT THE A.O. HELD THAT THE ASSESSEE HAD SUPPRESSED ITS SALE S TO THE TUNE OF RS.99 39 619. IN REACHING THIS CONCLUSION HE RELIED ON THE ORDERS P ASSED BY HIM IN EARLIER YEARS ON SIMILAR ISSUE. WHEN THE MATTER CAME UP BEFORE THE C IT(A) HE DELETED THE SAID ADDITION BY RELYING ON THE ORDERS PASSED BY THE TRI BUNAL IN ASSESSEES OWN CASE FOR ASSESSMENT YEARS 1998-99 TO 2000-2001. ITA NO.1225/MUM/2009 M/S.SHIVAJI ROLLER FLOUR MILLS PVT.LTD. 2 3. AFTER CONSIDERING THE RIVAL SUBMISSIONS AND PERU SING THE RELEVANT MATERIAL ON RECORD IT IS NOTED THAT SIMILAR ADDITIONS WERE MADE IN ASSESSMENT YEARS 1998-99 ONWARDS. ALL SUCH EARLIER YEARS UP TO AND INCLUDING ASSESSMENT YEAR 2004-2005 HAVE COME UP BEFORE THE TRIBUNAL AND THE ADDITIONS SO MADE ON GROUNDS SIMILAR TO THAT MADE IN THE INSTANT YEAR HAVE BEEN DELETED. COPIES OF SUCH ORDERS ARE PLACED ON RECORD. THE LEARNED DEPARTMENTAL REPRESENTATIVE FAIRLY CONCEDED THAT THE FACTS AND CIRCUMSTANCES OF THE INSTANT YEAR ARE SIMILAR T O THOSE OF THE PRECEDING YEARS. RESPECTFULLY FOLLOWING THE PRECEDENTS WE UPHOLD T HE IMPUGNED ORDER DELETING THE SAID ADDITION. 4. IN THE RESULT THE APPEAL IS DISMISSED. ORDER PRONOUNCED ON THIS 21 ST DAY OF MAY 2010. SD/- SD/- ( VIJAY PAL RAO ) ( R.S.SYAL ) JUDICIAL MEMBER ACCOUNTANT M EMBER MUMBAI : 21 ST MAY 2010 . DEVDAS* COPY TO : 1. THE APPELLANT. 2. THE RESPONDENTS. 3. THE CIT CONCERNED 4. THE CIT(A)-X MUMBAI. 5. THE DR/ITAT MUMBAI. 6. GUARD FILE. TRUE COPY. BY ORDER ASSISTANT REGISTRAR ITAT MUMBAI.