The ACIT, Gandhidham Circle,, GANDHIDHAM v. M/s. Oswal Lumbers P. Ltd.,, GANDHIDHAM

MA 32/RJT/2008 | 1999-2000
Pronouncement Date: 31-12-2010 | Result: Allowed

Appeal Details

RSA Number 3224924 RSA 2008
Assessee PAN AAACO3558Q
Bench Rajkot
Appeal Number MA 32/RJT/2008
Duration Of Justice 2 year(s) 10 month(s) 14 day(s)
Appellant The ACIT, Gandhidham Circle,, GANDHIDHAM
Respondent M/s. Oswal Lumbers P. Ltd.,, GANDHIDHAM
Appeal Type Miscellaneous Application
Pronouncement Date 31-12-2010
Appeal Filed By Department
Order Result Allowed
Bench Allotted DB
Tribunal Order Date 31-12-2010
Date Of Final Hearing 24-12-2010
Next Hearing Date 24-12-2010
Assessment Year 1999-2000
Appeal Filed On 15-02-2008
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH RAJKOT BEFORE SHRI A.L. GEHLOT (AM) AND SHRI D.T. GARASIA (JM) M.A. NO.32/RJT/2008 (ARISING OUT OF MA NO.13/RJT/2006) (ARISING OUT OF ITA NO.344/RJT/2004) (ASSESSMENT YEAR 1999-2000) ACIT GANDHIDHAM CIRCLE VS OSWAL LUMBERS PVT LTD GANDHIDHAM SURVEY NO.262 NATIONAL HIGHWAY NO.8A GANDHIDHAM-KUTCH PAN : AAACO3558Q (APPLICANT) (RESPONDENT) APPLICANT BY : SHRI AVINASH KUMAR RESPONDENT BY: WRITTEN SUBMISSION O R D E R A.L. GEHLOT : VIDE THIS MISCELLANEOUS APPLICATION T HE REVENUE SUBMITS THAT THE FOLLOWING GROUNDS RAISED IN ITA NO.344/RJT/2004 HAVE NOT BEEN DECIDED BY THE TRIBUNAL WHILE PASSING ORDER DATED 12-09-2005: THE LD.CIT(A) ERRED IN LAW AND ON FACTS IN DELETIN G THE DISALLOWANCE OF RS.1641674/- MADE ON ACCOUNT OF USA NCE INTEREST BY INVOKING THE PROVISION OF SECTION 40(A) (I). THE LD.CIT(A) ERRED IN LAW AND ON FACTS IN DELETING THE DISALLOWANCE OF RS.32500/- MADE OUT OF PETROL AND DEPRECIATION N CAR IN RESPECT OF PERSONAL USE OF TH E SAME. 2. AFTER HEARING THE LEARNED DEPARTMENTAL REPRESENT ATIVE AND ON PERUSAL OF THE WRITTEN SUBMISSION FROM ASSESSEES S IDE THE MISCELLANEOUS APPLICATION OF THE REVENUE IS ALLOWED TO THE EXTENT OF ADJUDICATING THE ABOVE TWO GROUNDS OF APPEAL FILED BY THE REVENUE. T HE REGISTRY IS DIRECTED TO FIX THE APPEAL IN DUE COURSE FOR ADJUDICATION OF THE ABOVE GROUNDS. MA NO.32/RJT/2008 2 3. IN THE RESULT MISCELLANEOUS APPLICATION FILED B Y THE REVENUE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 31-12-2010 SD/- SD/- (D.T. GARASIA) (A.L. GEHLOT) JUDICIAL MEMBER ACCOUNTANT MEMBER RAJKOT DT : 31 ST DECEMBER 2010 PK/- COPY TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT(A)-II RAJKOT 4. THE CIT JAMNAGAR 5. THE DR (TRUE COPY) BY ORDER ASSTT.REGISTRAR ITAT RAJKOT