The ACIT, Circle-6,, Ahmedabad v. M/s Trans India Cinema, Ahmedabad

ITA 138/AHD/2010 | 2006-2007
Pronouncement Date: 25-11-2011 | Result: Dismissed

Appeal Details

RSA Number 13820514 RSA 2010
Assessee PAN AACFT2624B
Bench Ahmedabad
Appeal Number ITA 138/AHD/2010
Duration Of Justice 1 year(s) 10 month(s) 10 day(s)
Appellant The ACIT, Circle-6,, Ahmedabad
Respondent M/s Trans India Cinema, Ahmedabad
Appeal Type Income Tax Appeal
Pronouncement Date 25-11-2011
Appeal Filed By Department
Order Result Dismissed
Bench Allotted B
Tribunal Order Date 25-11-2011
Assessment Year 2006-2007
Appeal Filed On 15-01-2010
Judgment Text
. .. . . .. . ! ! ! ! ' '' '# ## # ' ' ' '. .. .$ #$ $ #$ $ #$ $ #$ %& ' %& ' %& ' %& ' % ! % ! % ! % ! IN THE INCOME TAX APPELLATE TRIBUNAL : B BENCH : AHMEDABAD BEFORE HONBLE SHRI G.C.GUPTA V.P. & HONBLE SHRI A.MOHAN ALANKAMONY A.M.) # # # #. ITA NO. 138 / AHD./20 10 : ()- 200 6 -200 7 ACIT CIRCLE-6 AHMEDABAD VS- M/S . TRANS INDIA CINEMA ABAD (PAN : AACFT 2624B) ( - /APPELLANT) ( ./ - /RESPONDENT ) - 0 1 % / APPELLANT BY : SHRI SAMIR TEKRIWAL SR.D.R. ./ - 0 1 % / RESPONDENT BY : SHRI S.N.DIVATIA A.R. 2 0 34& / DATE OF HEARING : 23/11/2011 5$( 0 34& / DATE OF PRONOUNCEMENT : 25/11/2011 %6 %6 %6 %6 / ORDER PER SHRI A.MOHAN ALANKAMONY ACCOUNTANT MEMBER : THIS APPEAL IS FILED BY THE REVENUE AGGRIEVED BY THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX(APPEALS)-XI AHMEDABAD I N APPEAL NO.CIT(A)- XI/651/08-09 DATED 25.11.2009 FOR THE ASSESSMENT YE AR 2006-2007 PASSED UNDER SECTION 250 R.W.S.143(3) OF THE I.T. ACT 1961. 2. THE ASSESSEE HAS RAISED THREE GROUNDS IN ITS AP PEAL. GROUND NOS. 2 AND 3 ARE GENERAL IN NATURE AND DO NOT SURVIVE FOR ADJUDICATI ON. THE LONE GROUND OF THE ASSESSEE IS REPRODUCED HEREINBELOW: 1. THE LD. COMMISSIONER OF INCOME TAX (A)-XI AHMED ABAD HAS ERRED IN LAW AND ON FACTS IN DELETING THE ADDITION OF RS.63 27 9 33/- U/S 41(1) OF THE I.T. ACT. 3. THE ASSESSEE MAINTAINING STATUS AS AOP FILED I TS RETURN OF INCOME ON 29.12.2006 DECLARING AN INCOME OF RS.14.15 LAKHS AL ONG WITH THE AUDITED PROFIT AND LOSS A/C. BALANCE-SHEET AND OTHER ANNEXURES. DURIN G THE COURSE OF ASSESSMENT ITA NO. 209-AHD-09 2 PROCEEDINGS IT WAS OBSERVED BY THE LD. A.O. THAT T HE ASSESSEE HAD DISCLOSED CERTAIN ADVANCES CREDITORS DEPOSITS OF EX-PARTNERS IN THE BALANCE-SHEET WHICH WAS QUITE OLD AND REMAINED TO BE PAID FOR MORE THAN A DECADE. THE DETAILS OF SUCH LIABILITIES ARE- (I) ADVANCES RECEIVED AGAINST THE TENEMENTS AND SHOPPING CENTRE RS.20 59 603/- (II) CREDITORS - RS.24 78 340/- (III) DUES/DEPOSITS OF EX-PARTNERS - RS.19 35 584/- DISREGARDING THE FACT THAT SUCH ADDITION FOR THE SA ME AMOUNT WAS MADE BY THE LD. A.O. FOR THE ASSESSMENT YEAR 2005-06 THE LD. A.O. MADE FURTHER ADDITIONS FOR THE SAME AMOUNT UNDER SECTION 41(1) OF THE ACT FOR THE SECON D TIME FOR THE CURRENT ASSESSMENT YEAR. 4. AT THE OUTSET THE LD. A.R. SUBMITTED BEFORE US THAT THE SAME ADDITION WAS MADE FOR THE ASSESSMENT YEAR 2005-06 AND IT WAS DELETED BY THE HONBLE TRIBUNAL VIDE ORDER DATED 13.11.2009 IN ITA NOS.497 & 941/AHD/2009. THE LD. A.R. FURTHER SUBMITTED THAT FOR THE RELEVANT ASSESSMENT YEAR THE LD. CIT( A) ALSO DELETED THE ADDITION FOLLOWING THE DECISION OF THE TRIBUNAL MENTIONED ( SUPRA ). 5. ON THE OTHER HAND THE LD. D.R. SUPPORTED THE OR DER OF THE LD. A.O. 6. WE HAVE HEARD RIVAL SUBMISSIONS AND PERUSED THE MATERIALS ON RECORD. THE TRIBUNAL IN ITS ORDER DATED 13.11.2009 HAD CONSIDER ED THE SAME ISSUES AND ALLOWED THE APPEAL OF THE ASSESSEE IN ITS FAVOUR. FOR THE RELEV ANT ASSESSMENT YEAR THE LD. CIT(A) HAS ALSO FOLLOWED THE ORDER OF THE TRIBUNAL. SINCE ALL THE ISSUES IN THE APPEAL BEFORE US HAVE ALREADY BEEN ADJUDICATED BY THE TRIBUNAL IN IT S EARLIER ORDER NOTHING SURVIVES BEFORE US FOR ADJUDICATION. THEREFORE THE APPEAL O F THE REVENUE HAS NO MERIT. 7. IN THE RESULT THE APPEAL FILED BY THE REVENUE I S DISMISSED. 7 %6 0 5$( 8#) 25 / 11 /2011 $ 9 0 2 : SD/- SD/- (G.C.GUPTA) (A.MOHAN ALANKAMONY) VICE PRESIDENT A CCOUNTANT MEMBER DATED : 25/11/2011 ITA NO. 209-AHD-09 3 %6 %6 %6 %6 0 00 0 .3; .3; .3; .3; <%;(3) <%;(3) <%;(3) <%;(3)- -- - 1. - 2. ./ - 3. ## 3 @ 4. @- - 5. ;C .3 : 6. E F7 %6 % / # : TALUKDAR/ SR. P.S.