The ITO, Ward - 4(3), Surat v. M/s. Surat Silk Mills Ltd.,, Surat

ITA 1360/AHD/2007 | 2003-2004
Pronouncement Date: 18-08-2010 | Result: Dismissed

Appeal Details

RSA Number 136020514 RSA 2007
Bench Ahmedabad
Appeal Number ITA 1360/AHD/2007
Duration Of Justice 3 year(s) 4 month(s) 13 day(s)
Appellant The ITO, Ward - 4(3), Surat
Respondent M/s. Surat Silk Mills Ltd.,, Surat
Appeal Type Income Tax Appeal
Pronouncement Date 18-08-2010
Appeal Filed By Department
Order Result Dismissed
Bench Allotted D
Tribunal Order Date 18-08-2010
Date Of Final Hearing 18-08-2010
Next Hearing Date 18-08-2010
Assessment Year 2003-2004
Appeal Filed On 05-04-2007
Judgment Text
- 1 - IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH D AHMEDABAD BEFORE S/SHRI BHAVNESH SAINI JM AND D.C.AGRAWAL A M INCOME-TAX OFFICER WARD 4(3) SURAT. VS. M/S SURAT TEXTILES MILLS LTD. GARDEN MILLS COMPLEX SAHARA GATE RING ROAD SURAT. (APPELLANT) .. (RESPONDENT) REVENUE BY :- SHRI BHUBNESH KULSHRESTHA DR ASSESSEE BY:- SHRI J.P. SHAH AR O R D E R PER D. C. AGRAWAL ACCOUNTANT MEMBER . THIS IS AN APPEAL FILED BY THE REVENUE RAISING FOL LOWING GROUNDS:- (1) ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE T HE CIT(A) HAS ERRED IN LAW IN DELETING THE DISALLOWANCE OF RS.198 2342/- MADE BY THE AO ON ACCOUNT OF EXCESS CLAIM OF PROJECT EXP ENDITURE. (2) THE LD. CIT(A) HAS NOT APPRECIATED THE FACT THAT TH E ADDITION OF RS.1982342/- WAS MADE ON ACCOUNT OF EXCESS CLAIM OF PROJECT EXPENDITURE WRONGLY CLAIMED BY THE ASSESSEE. 2. THE LD. DR SUBMITTED THAT THE BOARD HAS ISSUED I NSTRUCTION NO.5 DATED 15 TH MAY 2008 IN LOSS CASES. THE REVENUE IN THE CASE O F LOSS SHOULD BE SEEN FROM THE GROUNDS OF APPEAL. IF TAX E FFECT ON THE BASIS OF ADDITION CONTESTED IS MORE THAN THE PRESCRIBED LIM IT THEN DEPARTMENT IS REQUIRED TO FILE THE APPEAL. ITA NO.1360/AHD/2007 ASST. YEAR :2003-04 2 3. THE LD. AR ON THE OTHER HAND SUBMITTED THAT THE PRESENT APPEAL HAS BEEN FILED ON 5 TH APRIL 2007. THEREFORE INSTRUCTION NO.5 DATED 15 TH MAY 2008 WOULD BE APPLICABLE. HE REFERRED TO THE DECISI ON OF HON. DELHI HIGH COURT IN THE CASE OF CIT VS. NANAK RAM JAISINGHANIA (2009) 317 ITR 302 (DEL) FOR THE PROPOSITION THAT ABOVE INSTRUCTION WO ULD BE APPLICABLE IN RESPECT OF APPEALS FILED AFTER 15 TH MAY 2008. 4. AFTER CONSIDERING THE RIVAL SUBMISSIONS AND RESP ECTFULLY FOLLOWING THE DECISION OF HON. DELHI HIGH COURT IN THE CASE O F CIT VS. MANGLAM RICINUS LTD. (2008) 174 TAXMAN 186 (DEL) WE HOLD T HAT INSTRUCTION NO.5 OF 15 TH MAY 2008 COULD ONLY BE APPLICABLE IN THOSE CASES WHERE THE APPEAL IS FILED AFTER THAT DATE. SINCE THE APPEAL F ILED BY THE REVENUE IS BEFORE 15 TH MAY 2008 WE FOLLOW THE DECISION OF HON. DELHI HI GH COURT IN CIT VS. MANGLAM RICINUS LTD. (SUPRA) AND DISMISS THE APPEAL FILED BY THE REVENUE ON ACCOUNT OF LOW REVENUE EFFECT. 5. IN THE RESULT THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER WAS PRONOUNCED IN OPEN COURT ON 18/8/2010. SD/- SD/- (BHAVNESH SAINI) (D.C.AGRAWAL) JUDICIAL MEMBER ACCOUNTANT MEMBE R AHMEDABAD DATED : 18.8.2010. MAHATA/- COPY OF THE ORDER FORWARDED TO :- 1. THE ASSESSEE. 2. THE REVENUE. 3. THE CIT(APPEALS)- 4. THE CIT CONCERNS. 5. THE DR ITAT AHMEDABAD 6. GUARD FILE. BY ORDER DEPUTY / ASSTT.REGISTRAR ITAT AHMEDABAD