Harsiddha Specific Family Trust, Ahmedabad v. The ACIT., Cent.Circle-1(1),, Ahmedabad

ITSSA 74/AHD/2007 | misc
Pronouncement Date: 06-08-2010 | Result: Dismissed

Appeal Details

RSA Number 7420516 RSA 2007
Bench Ahmedabad
Appeal Number ITSSA 74/AHD/2007
Duration Of Justice 3 year(s) 3 month(s) 19 day(s)
Appellant Harsiddha Specific Family Trust, Ahmedabad
Respondent The ACIT., Cent.Circle-1(1),, Ahmedabad
Appeal Type Income Tax (Search & Seizure) Appeal
Pronouncement Date 06-08-2010
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted D
Tribunal Order Date 06-08-2010
Date Of Final Hearing 28-07-2010
Next Hearing Date 28-07-2010
Assessment Year misc
Appeal Filed On 17-04-2007
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH AHMEDABAD BENCH AHMEDABAD BENCH AHMEDABAD BENCH D DD D BEFORE BEFORE BEFORE BEFORE SHRI SHRI SHRI SHRI N NN N. .. .S. SAINI S. SAINI S. SAINI S. SAINI ACCOUNTANT MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER AND AND AND AND SHRI SHRI SHRI SHRI MAHAVIR SINGH JUDICIAL MEMBER MAHAVIR SINGH JUDICIAL MEMBER MAHAVIR SINGH JUDICIAL MEMBER MAHAVIR SINGH JUDICIAL MEMBER DATE OF HEARING :2-8-2010 DRAFTED ON: 2-8-2010 IT (SS) A . NO. 74 /AHD/ 2007 BLOCK PERIOD: 1-4-95 TO 27-9-2001) HARSIDDH SPECIFIC FAMILY TRUST NIRMA HOUSE ASHRAM ROAD AHMEDAABAD. VS. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-10 NARAYAN CHAMBERS ASHRAM ROAD AHMEDAABAD. PAN/GIR NO. : (A PPELLANT ) .. ( RESPONDENT ) APPELLANT BY : SH RI HEMANSHU SHAH. RESPONDENT BY: SHRI SUDHANSHU S. JHA D.R. O R D E R O R D E R O R D E R O R D E R PER N.S.SAINI ACCOUNTANT MEMBER :- THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST TH E ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX(APPEALS)-II AHMEDABAD DATED 15-2-2007 2. THE FOLLOWING GROUNDS OF APPEAL ARE RAISED BY TH E ASSESSEE. 1. IN LAW AND IN FACTS AND CIRCUMSTANCES OF THE APPELLANTS CASE THE LEARNED COMMISSIONER OF INCOM E TAX (APPEALS) HAS GROSSLY ERRED IN POINTS OF LAW AN D ON FACTS. 2. IN LAW AND IN FACTS AND CIRCUMSTANCES OF THE APPELLANTS CASE LEARNED COMMISSIONER OF INCOME TA X (APPEALS) HAS GROSSLY ERRED IN CONFIRMING THE STATU S OF THE APPELLANT AS THAT OF TRUST INSTEAD OF INDIVI DUAL. 3. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIALS AVAILABLE ON RECORD. THE LEARNED AUTHORIS ED REPRESENTATIVE OF THE ASSESSEE SIMPLY SUBMITTED THA T THE ISSUE OF - 2 - STATUS OF THE ASSESSEE IS COVERED BY THE DECISION O F HON'BLE GUJARAT HIGH COURT IN THE CASE OF DEPUTY COMMISSIONER OF IN COME TAX VS. HARJIVANDAS JUTHABHAI ZAVERI AND ANOTHER (2002) 258 ITR 785 (GUJ) 4. ON THE OTHER HAND THE LEARNED DEPARTMENTAL REPRE SENTATIVE SUPPORTED THE ORDERS OF THE LOWER AUTHORITIES. 5. WE FIND THAT IT IS NOT IN DISPUTE THAT THE ASSES SEE IS A TRUST. IN THE CASE OF HARJIVANDAS JUTHABHAI ZAVERI AND ANOTHE R (SUPRA) THE ISSUE BEFORE THE HON'BLE GUJARAT HIGH COURT WAS :- QUESTION NO.1. WHETHER THE APPELLATE TRIBUNAL I S RIGHT IN LAW AND ON FACTS IN ALLOWING THE DEDUCTION UNDER SE CTION 80L TO THE ASSESSEE-TRUST TREATING THE STATUS AS INDIVIDUAL? 6. THE HON'BLE GUJARAT HIGH COURT HAS HELD THAT :- (I) THAT THE QUESTION WHETHER THE ASSESSEE TRUST C OULD BE ALLOWED DEDUCTION UNDER SECTION 80L TREATING IT IN THE STATUS OF INDIVIDUAL WAS COVERED IN FAVOUR OF THE ASSESSEE BY THE DECISION OF THE HIGH COURT IN CIT VS. DEEPAK FAMILY TRUST (NO.1.) (1995) 211 ITR 575 (GUJ.) 7. IN THE INSTANT CASE WE FIND FROM THE ORDER OF BL OCK ASSESSMENT DATED 21-2-2006 THAT THE LEARNED ASSESSI NG OFFICER HAS DULY ALLOWED DEDUCTION UNDER SECTION 80L TO THE ASSESSEE- TRUST. THUS IT IS OBSERVED THAT THERE IS NO ERROR IN THE ORDERS OF THE LOWER AUTHORITIES IN VIEW OF THE ABOVE CITED DECISI ON OF THE HON'BLE GUJARAT HIGH COURT. FURTHER THE ASSESSEE COULD NOT EXPLAIN WHY ITS STATUS OUGHT TO BE HELD AS AN INDIVIDUAL WHEN IT IS NOT IN DISPUTE THAT THE ASSESSEE ACTUALLY IS A TRUST. WE THEREFOR E DO NOT FIND ANY GOOD REASON TO INTERFERE WITH THE ORDERS OF THE LOW ER AUTHORITIES. HENCE THE ABOVE GROUNDS OF APPEAL OF THE ASSESSEE A RE DISMISSED. IN THE RESULT THE APPEAL OF THE ASSESSEE IS DISMIS SED. - 3 - ORDER SIGNED DATED AND PRONOUNCED IN THE COURT ON 6TH AUGUST 2010 SD/- SD/- ( MAHAVIR SINGH) ( N.S. SAINI ) JUDICIAL MEMBER ACCOUNTAN T MEMBER AHMEDABAD; ON THIS 6TH DAY OF AUGUST 2010 PATKI COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE LD. CIT(APPEALS)-II AHMEDABAD. 5. THE DR AHMEDABAD BENCH 6. THE GUARD FILE. BY ORDER //TRUE COPY// (DY./ASSTT.REGISTRAR) ITAT AHMEDABAD DATE INITIALS 1. DRAFT DICTATED ON 2-8-2010 ---------------- --- 2. DRAFT PLACED BEFORE AUTHORITY 2-8-2010 ------ ------------- 3. DRAFT PROPOSED & PLACED 2-82010 -------------- ----- JM BEFORE THE SECOND MEMBER 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER 6-8-2010 ------------------- JM 5. APPROVED DRAFT COMES TO P.S 6-8-2010 ---------- ---------- 6. KEPT FOR PRONOUNCEMENT ON 6-8-2010 ----------- -------- 7. FILE SENT TO THE BENCH CLERK 6-8-2010 -------- ------------ 8. DATE ON WHICH FILE GOES TO THE ---------------- -------------------- 9. DATE OF DISPATCH OF ORDER ---------------- --- ------------------