The ACIT, Circle-5,, Surat v. Shri Veljibhai M.Sheta @ Patel, Surat

ITA 2659/AHD/2009 | 2006-2007
Pronouncement Date: 13-07-2011 | Result: Dismissed

Appeal Details

RSA Number 265920514 RSA 2009
Bench Ahmedabad
Appeal Number ITA 2659/AHD/2009
Duration Of Justice 1 year(s) 9 month(s) 18 day(s)
Appellant The ACIT, Circle-5,, Surat
Respondent Shri Veljibhai M.Sheta @ Patel, Surat
Appeal Type Income Tax Appeal
Pronouncement Date 13-07-2011
Appeal Filed By Department
Order Result Dismissed
Bench Allotted C
Tribunal Order Date 13-07-2011
Date Of Final Hearing 13-07-2011
Next Hearing Date 13-07-2011
Assessment Year 2006-2007
Appeal Filed On 25-09-2009
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH C AHMEDABAD BEFORE SHRI D.K.TYAGI HONBLE JUDICIAL MEMBER AND SHRI A. MOHAN. ALANKAMONY HONBLE ACCOUNTANT MEMBE R ITA NO.2659/AHD/2009 & C.O. NO.249/AHD/2009 (ARISING OUT ITA NO.2659/AHD/2009) ASSESSMENT YEAR:2006-07 DATE OF HEARING:13.7.11 DRAFTED:14.7.11 ASSTT. COMMISSIONER OF INCOME-TAX CIRCLE-5 ROOM NO.309 AAYKAR BHAVAN MAJURA GATE SURAT SHRI VALJIBHAI M SHETA @ PATEL 606 LALBHAI CONTRACTOR COMPLEX SURAT 395 001 PAN NO.ACPPS0620M V/S . V/S . SHRI VELJIBHAI M SHETA @ PATEL 606 LALBHAI CONTRACTOR COMPLEX OPP. PARSI LIBRARY NANPURA SURAT ACIT CIRCLE-5 ROOM NO.309 AAYAKAR BHAVAN MAJURA GATE SURAT (APPELLANT) .. (RESPONDENT) ASSESSEE BY :- SHRI M.K. PATEL AR REVENUE BY:- SHRI JASBIR S. CHOUHAN SR-DR O R D E R PER D.K.TYAGI JUDICIAL MEMBER:- THIS APPEAL BY THE REVENUE AND CROSS OBJECTION (CO ) BY ASSESSEE ARE AGAINST THE ORDER OF COMMISSIONER OF INCOME-TAX(APP EALS)-III SURAT DATED 20- 07-2009 FOR THE ASSESSMENT YEAR 2006-07. AT THE TIM E OF HEARING LEARNED COUNSEL FOR THE ASSESSEE DID NOT PRESS THE CO THERE FORE THE SAME IS DISMISSED AS NOT PRESSED. NOW COMING TO REVENUES APPEAL ITA NO.2659/AHD/2009 . 2. THE REVENUE HAS TAKEN FOLLOWING GROUNDS:- ITA NO.2659/AHD/2009 & CO 249/AHD/2009 A.Y. 2006-07 ACIT CIR-5 SRT V. SH. VELJIBHAI M SHETA & PATEL PAGE 2 [1] ON THE FACTS AND IN THE CIRCUMSTANCES OF THE C ASE AND IN LAW THE LD. CIT(A)-III SURAT HAS ERRED IN DELETING THE ADD ITION OF RS.13 98 875/- MADE ON ACCOUNT OF UNACCOUNTED INVESTMENT IN PURCHA SE OF LAND U/S.69B OF THE ACT. [2] ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CA SE AND IN LAW THE LD. CIT(A)-III SURAT HAS ERRED IN DELETING THE ADD ITION OF RS.30 825/- MADE U/S.50C OF THE ACT. [3] ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CA SE AND IN LAW THE LD. CIT(A)-III SURAT HAS ERRED IN DELETING THE 20% OF INTEREST ON CAR LOAN AND CAR INSURANCE PREMIUM. 3. AT THE TIME OF HEARING BOTH THE PARTIES AGREED T HAT ALL THE THREE GROUNDS TAKEN BY THE REVENUE ARE COVERED IN FAVOUR OF ASSES SEE AND AGAINST THE REVENUE BY THE DECISION OF THIS TRIBUNAL IN THE CAS E OF ACIT CIR-5 SURAT V. SHRI RAVJIBHAI P PATEL IN ITA NO.2658/AHD/2009 DATED 04-05-2011. RESPECTFULLY FOLLOWING THE SAME THE ORDER PASSED BY LD. CIT(APPEALS) IS UPHELD AND THIS APPEAL OF REVENUE IS DISMISSED. 4. IN THE RESULT REVENUES APPEAL IS DISMISSED AND TH AT OF ASSESSEES CO IS DISMISSED AS NOT PRESSED. ORDER PRONOUNCED IN OPEN COURT ON 13 /07/2011 SD/- SD/- (A.MOHAN.ALANKAMONY) (D.K. TYAG I) (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) AHMEDABAD DATED : 13/07/2011 *DKP COPY OF THE ORDER FORWARDED TO :- 1. THE ASSESSEE. 2. THE REVENUE. 3. THE CIT(APPEALS)-III SURAT 4. THE CIT CONCERNS. 5. THE DR ITAT AHMEDABAD 6. GUARD FILE. BY ORDER /TRUE COPY/ DEPUTY / ASSTT.REGISTRAR ITAT AHMEDABAD