Indo American Optics Ltd., Ahmedabad v. The DCIT, Circle 4, Ahmedabad

ITA 1598/AHD/2013 | 1995-1996
Pronouncement Date: 20-10-2016 | Result: Partly Allowed

Appeal Details

RSA Number 159820514 RSA 2013
Assessee PAN AAACI4390L
Bench Ahmedabad
Appeal Number ITA 1598/AHD/2013
Duration Of Justice 3 year(s) 4 month(s) 21 day(s)
Appellant Indo American Optics Ltd., Ahmedabad
Respondent The DCIT, Circle 4, Ahmedabad
Appeal Type Income Tax Appeal
Pronouncement Date 20-10-2016
Appeal Filed By Assessee
Order Result Partly Allowed
Bench Allotted SMC
Tribunal Order Date 20-10-2016
Date Of Final Hearing 17-10-2016
Next Hearing Date 17-10-2016
Assessment Year 1995-1996
Appeal Filed On 30-05-2013
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD SMC BENC H (BEFORE SHRI N.K. BILLAIYA ACCOUNTANT MEMBER & SHRI S. S. GODARA JUDICIAL MEMBER) ITA. NO: 1598/AHD/2013 (ASSESSMENT YEAR: 1995-96) INDO AMERICAN OPTICS LTD. IOL HOUSE NR. SWATI APARTMENTS AMBAWADI AHMEDABAD- 380015 DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-4 AHMEDABAD (APPELLANT) (RESPONDENT) PAN: AAACI4390L APPELLANT BY : SHRI ANIL KSHATRIYA AR RESPONDENT BY: SHRI PRADIPKUMAR MAJUMDAR SR. D.R . ( )/ ORDER DATE OF HEARING : 17 -10-201 6 DATE OF PRONOUNCEMENT : 20-10-2016 PER N.K. BILLAIYA ACCOUNTANT MEMBER: 1. THIS APPEAL BY THE ASSESSEE IS PREFERRED AGAINST TH E ORDER OF LD. CIT(A)-VIII AHMEDABAD DATED 15.03.2013 PERTAINING TO A.Y. 1995- 96. ITA NO1598/A HD/2013 . A.Y. 1995-9 6 2 2. THE ASSESSEE IS AGGRIEVED BY THE DISALLOWANCES/ADDI TIONS MADE BY THE A.O. VIDE ORDER DATED 30.03.1998 MADE U/S. 143(3) OF THE ACT. WHILE COMPLETING THE ASSESSMENT THE A.O. HAD MADE FOLLOWING ADDITIO NS/DISALLOWANCES:- I) DISALLOWANCE OF CASH PAYMENT EXCEEDING RS. 10 000/- RS. 4 35 625/- II) ENTERTAINMENT EXPENSES RS. 15 000/- III) VEHICLE EXPENSES RS. 20 000/- IV) INTEREST PAYMENT RS. 1 64 878/- V) OTHER EXPENSES RS. 30 000/- VI) DEPRECIATION ON VEHICLES RS. 44 505/- TOTAL RS. 7 10 008/- 3. SIMILAR ADDITIONS/DISALLOWANCES WERE MADE IN THE FI RST ROUND OF LITIGATION WHERE THE MATTER TRAVELLED UP TO THE TRIBUNAL AND T HE TRIBUNAL VIDE ORDER DATED 10.03.2006 IN ITA NO. 494/AHD/2001 HAD SET AS IDE THE MATTER TO THE FILES OF THE LD. CIT(A) FOR GIVING ANOTHER OPPORTUN ITY TO THE ASSESSEE. 4. WE FIND THAT IN SPITE OF SIX NOTICES THE ASSESSEE TOOK ADJOURNMENT ON ALL THE OCCASIONS AND THE FIRST APPELLATE AUTHORITY WAS LEFT WITH NO CHOICE BUT TO DECIDE THE APPEAL EX PARTE AND CONFIRMED THE ADD ITIONS/DISALLOWANCES MADE BY THE A.O. BEFORE US THE LD. COUNSEL FOR THE ASSESSEE STATED THAT THE ISSUE MAY BE DECIDED ON COMPASSIONATE GROUND. WE FI ND THAT THE ASSESSEE/ APPELLANT IS A LISTED PUBLIC LTD. COMPANY THEREFOR E THERE CANNOT BE ANY PERSONAL ELEMENT SO FAR AS VEHICLE EXPENSES AND DEP RECIATION ON VEHICLES ITA NO1598/A HD/2013 . A.Y. 1995-9 6 3 ARE CONCERNED. WE ACCORDINGLY DIRECT THE A.O. TO DELETE THE ADDITION OF RS. 20 000/- AND 44 505/-. 5. THIS LEAVES WITH THE BALANCE OF RS. 6 45 503/-. TH E LD. COUNSEL AGREED FOR UPHOLDING THE DISALLOWANCE @ 50% I.E. RS. 3 22 751/ -. TO PUT AN END TO UNNECESSARY PROLONG LITIGATION WE DIRECT THE A.O. TO RESTRICT THE DISALLOWANCES/ ADDITIONS TO RS. 3 22 751/-. THE AS SESSEE WILL GET PART RELIEF AND THE APPEAL BY THE ASSESSEE IS PARTLY ALLOWED. ORDER PRONOUNCED IN OPEN COURT ON 20 - 10- 2016 . SD/- SD/- (S. S. GODARA) (N. K. BILLAIYA) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD: TRUE COPY RAJESH COPY OF THE ORDER FORWARDED TO: - 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS) 4. THE CIT CONCERNED. 5. THE DR. ITAT AHMEDABAD. 6. GUARD FILE. BY ORDER DEPUTY/ASSTT.REGISTRAR ITAT AHME DABAD