The ITO, Ward-4(4),, Baroda v. M/s. Venus Lamination Ltd.,, Dist.Baroda

ITA 3807/AHD/2008 | 1995-1996
Pronouncement Date: 18-01-2010 | Result: Partly Allowed

Appeal Details

RSA Number 380720514 RSA 2008
Bench Ahmedabad
Appeal Number ITA 3807/AHD/2008
Duration Of Justice 1 year(s) 1 month(s) 24 day(s)
Appellant The ITO, Ward-4(4),, Baroda
Respondent M/s. Venus Lamination Ltd.,, Dist.Baroda
Appeal Type Income Tax Appeal
Pronouncement Date 18-01-2010
Appeal Filed By Department
Order Result Partly Allowed
Bench Allotted D
Tribunal Order Date 18-01-2010
Date Of Final Hearing 07-01-2010
Next Hearing Date 07-01-2010
Assessment Year 1995-1996
Appeal Filed On 24-11-2008
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD AHMEDABAD DBENCH BEFORE DR. O.K. NARAYANAN VICE-PRESIDENT (AZ) AND SHRI MAHAVIR SINGH JUDICIAL MEMBER ITA NO.3807/AHD/2008 [ASSTT.YEAR:1995-96] INCOME TAX OFFICER VS. M/S. V ENUS LAMINATION LTD. WARD-(4) BARODA GUJA RAT SPUN PIPE COMPOUND PADRA ROAD AT & P.O. SAMIYALA DIST. BARODA PAN NO.AABCV5828K REVENUE BY: SHRI C.K. MISH RA SR. DR ASSESSEE BY: NONE DATE OF ORDER RESERVED: 07/01/10 O R D E R PER MAHAVIR SINGH JUDICIAL MEMBER:- THIS APPEAL BY THE REVENUE IS ARISING OUT OF THE O RDER OF COMMISSIONER OF INCOME-TAX (APPEALS)-III BARODA IN APPEAL NO.CAB/I I/298/06-07 DATED 25-09-2008. THE ASSESSMENT WAS FRAMED BY THE ITO WARD-4[4] BA RODA U/S. 143(3) R.W.S. 255 OF THE INCOME-TAX ACT 1961 (HEREINAFTER REFERRED TO A S THE ACT) VIDE HIS ORDER DATED 22-12-2006 FOR THE ASSESSMENT YEAR 1995-96. 2. THE ONLY ISSUE IN THIS APPEAL OF THE REVENUE IS AGAINST THE ORDER OF CIT(A) IN DELETING THE ADDITION ON ACCOUNT OF DIVERSION OF PR OFIT AS THE ASSESSEE COULD NOT PRODUCE ANY DOCUMENTARY PROOF FOR DELIVERY OF GOODS AT THE PREMISES OF SISTER CONCERN AND COULD NOT GIVE ANY JUSTIFICATION FOR PU RCHASE FROM SISTER CONCERN. 3. HAVING HEARD THE LD.SR. DEPARTMENTAL REPRESENTAT IVE AND GOING THROUGH THE CASE RECORDS WE FIND THAT THE CIT(A) HAS CONSIDERE D THE PURCHASE RECORDS OF SISTER CONCERN AS WELL AS THE ASSESSEE BUT THIS WAS PRODUC ED FOR THE FIRST TIME BEFORE THE ITA NO.3807/AHD/2008 A.Y. 1995-96 ITO WD-4[4] BARODA V. M/S. VENUS LAMINATION L TD. PAGE 2 CIT(A) AND WE FIND FURTHER FROM THE ASSESSMENT ORDE R THAT THE ASSESSEE COULD NOT PRODUCE DESPITE ISSUE OF SHOW-CAUSE NOTICE ON 15-12 -2006. AS THE CIT(A) HAS NOT PROVIDED OPPORTUNITY TO THE REVENUE TO SUPPORT THEI R CASE. WE FEEL THAT THIS ISSUE NEED RE-EXAMINATION AT THE LEVEL OF CIT(A) AFRESH A ND DECIDE AFTER PROVIDING REASONABLE OPPORTUNITY TO THE REVENUE AS WELL AS TO THE ASSESSEE. ACCORDINGLY THIS ISSUE REMITTED BACK TO THE FILE OF CIT(A) AND THIS ISSUE OF THE REVENUES APPEAL IS ALLOWED FOR STATISTICAL PURPOSES. 4. IN THE RESULT REVENUES APPEAL IS ALLOWED FOR STAT ISTICAL PURPOSES. ORDER PRONOUNCED ON THIS DAY OF 18 TH JANUARY 2010 SD/- SD/- (DR.O.K.NARAYANAN) (MAHAVIR SINGH) (VICE PRESIDENT) (JUDICIAL MEMBER) AHMEDABAD DATED : 18/01/2010 *DKP COPY OF THE ORDER FORWARDED TO :- 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT(APPEALS)-III BARODA 4. THE CIT CONCERNS. 5. THE DR ITAT AHMEDABAD 6. GUARD FILE. BY ORDER /TRUE COPY/ DEPUTY / ASSTT.REGISTRAR ITAT AHMEDABAD