The ITO, Ward-9(2),, Ahmedabad v. M/s. Amar Corporation, Ahmedabad

ITA 2500/AHD/2009 | misc
Pronouncement Date: 30-03-2012 | Result: Dismissed

Appeal Details

RSA Number 250020514 RSA 2009
Bench Ahmedabad
Appeal Number ITA 2500/AHD/2009
Duration Of Justice 2 year(s) 7 month(s) 2 day(s)
Appellant The ITO, Ward-9(2),, Ahmedabad
Respondent M/s. Amar Corporation, Ahmedabad
Appeal Type Income Tax Appeal
Pronouncement Date 30-03-2012
Appeal Filed By Department
Order Result Dismissed
Bench Allotted B
Tribunal Order Date 30-03-2012
Date Of Final Hearing 06-03-2012
Next Hearing Date 06-03-2012
Assessment Year misc
Appeal Filed On 28-08-2009
Judgment Text
B IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD B BENCH . .. . . .. . !' !' !' !' #$ #$ #$ #$ % % % % & & & & BEFORE S/SHRI D.K. TYAGI JUDICIAL MEMBER AND TEJ RAM MEENA ACCOUNTANT MEMBER) ITA NO.2500/AHD/2009 [ASSTT.YEAR : 1986-1987] ITO WARD-9(2) AHMEDABAD. ' /VS. M/S.AMAR CORPORATION 61 UGANDA SOCIETY OPP: GURUKUL MEMNAGAR AHMEDABAD. ( (( ()* )* )* )* / APPELLANT) ( (( (+)* +)* +)* +)* / RESPONDENT) ' # - . / ASSESSEE BY : NONE $ - . / REVENUE BY : SHRI SAMIR TEKRIWAL SR.DR 0'1 - #%/ DATE OF HEARING : 6 TH MARCH 2012 234 - #%/ DATE OF PRONOUNCEMENT : 30/03/2012 5 / O R D E R PER T.R. MEENA ACCOUNTANT MEMBER: THIS IS REVENUES APPEAL THE ORDER OF THE COMMISSIONER OF I NCOME TAX (APPEALS)-XV AHMEDABAD DATED 10.7.2009 ARISING OUT OF THE ORDER OF THE ASSESSING OFFICER PASSED UNDER SECTION 143(3) R .W.S. 254 OF THE INCOME TAX ACT 1961. ITA NO.2500/AHD/2009 -2- 2. THE ONLY GROUND RAISED IN THIS APPEAL OF THE REV ENUE IS REGARDING DELETION OF ADDITION OF RS.8 85 359/- MAD E BY THE AO UNDER SECTION 68 OF THE ACT. 3. THE BRIEF FACTS OF THE CASE ARE THAT THE ASSESSE E IS ENGAGED IN THE CONSTRUCTION BUSINESS. THIS IS THE SECOND ROUND OF THE LITIGATION BEFORE US. IN THE FIRST ROUND THE REVENUE WAS IN APPEAL BEFORE THE ITAT AHMEDABAD AGAINST THE DELETION OF THE ADDITIO N MADE BY THE CIT(A) UNDER SECTION 68 OF THE ACT . THE TRIBUNAL SET ASIDE THE ISSUE BACK TO THE FILE OF THE AO FOR RECONSIDERATION. IN THE SET ASIDE PROCEEDINGS THE AO HELD THAT SINCE THE ASSESSEE HA S NOT FURNISHED DOCUMENTARY PROOF OF VARIOUS COLLECTIONS AND NO SAT ISFACTORY EXPLANATIONS WERE FURNISHED THE ASSESSEE IS NOT EN TITLED FOR THE CLAIM AND ACCORDINGLY THE AO AGAIN MADE ADDITION AS UNEX PLAINED CASH CREDIT UNDER SECTION 68 OF THE ACT. THE CIT(A) H OWEVER DELETED THE ADDITION BY OBSERVING AS UNDER: 8. THE SUBMISSIONS GIVEN BEFORE THE THEN CIT(A) SH OW THAT VIDE PAPER BOOK PAGE 11 TO 12 THE APPELLANT HAD SUB MITTED NAMES OF MEMBERS AND AMOUNT REPAID TO THE MEMBERS A ND SAVAT YEARS OF REPAYMENT. (THIS IS ENCLOSED AS ANN EXURE-3) OF THIS ORDER. I AM THEREFORE OF THE OPINION THAT THE AO WAS WRONG IN STATING IN THE ASSESSMENT ORDER (PARA 6) THAT TH E ASSESSEE FAILED TO SUBMIT THE BIFURCATION SHOWING THE NAMES AMOUNTS ETC. I RESPECT OF THE IMPUGNED AMOUNT. AND IT IS U NREALISTIC TO EXPECT FROM THE APPELLANT TO SUBMIT ADDRESSES OF PE RSONS NOW WHOSE AMOUNTS IT HAD RETURNED ABOUT TWENTY YEARS BA CK AND WHO NEVER BOUGHT ANY HOUSES/FLATS FROM THE APPELLAN T. I AM THEREFORE IN AGREEMENT WITH THE APPELLATE ORDER OF MY PREDECESSOR PASSED BY CIT(A)-VII DATED 4.11.1999. THE AO IS DIRECTED TO DELETE THE ADDITION MADE OF RS.8 82 359 /- U/S.68 OF THE IT ACT. ITA NO.2500/AHD/2009 -3- BEFORE US BOTH THE PARTIES RELIED ON THE RESPECTIV E ORDERS OF THE REVENUE AUTHORITIES. 4. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE O RDERS OF THE REVENUE AUTHORITIES. WE FIND FROM THE ASSESSMENT O RDER THAT THE ASSESSEE HAD ALREADY SUBMITTED DETAILS OF MEMBER-WI SE COLLECTION BEFORE THE TRIBUNAL AS WELL AS DURING THE COURSE OF ORIGINAL ASSESSMENT PROCEEDINGS. IT IS EVIDENT FROM THE ORDER OF THE C IT(A) THAT NECESSARY DETAILS WERE ALREADY SUBMITTED BEFORE THE AO HOWEV ER THE AO HAS NOT TAKEN COGNIZANCE OF IT. THEREFORE WE DO NOT F IND ANY MERIT IN THE GROUNDS RAISED BY THE REVENUE FOR DELETION OF ADDIT ION BY THE CIT(A) ON THIS ISSUE WHICH WE CONFIRM AND THE GROUNDS OF THE APPEAL OF THE REVENUE ARE DISMISSED. 5. IN THE RESULT THE REVENUES APPEAL IS DISMISSED . ORDER PRONOUNCED IN OPEN COURT ON THE DATE MENTIONE D HEREINABOVE. SD/- SD/- ( . .. . . .. . /D.K. TYAGI) /JUDICIAL MEMBER ( #$ #$ #$ #$ / TEJ RAM MEENA) % % % % /ACCOUNTANT MEMBER /TRUE COPY/ C OPY OF THE ORDER FORWARDED TO: 1) : APPELLANT 2) : RESPONDENT 3) : CIT(A) 4) : CIT CONCERNED 5) : DR ITAT. 0BY ORDER DR/AR ITAT AHMDABAD 1. DATE OF DICTATION : 09-03-2012 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER. : 15-03-2012 ITA NO.2500/AHD/2009 -4- 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P.S./P.S : 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT. : 5. DATE ON WHICH FAIR ORDER PLACED BEFORE OTHER MEMBER : 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P.S./P.S. : 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK. : 07-03-2012 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK. : 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER. : 10. DATE OF DESPATCH OF THE ORDER :