The State Bank of Saurashtra, Bhavnagar v. The Addl.CIT., BNR Range-1,, Bhavnagar

MA 387/AHD/2009 | 2006-2007
Pronouncement Date: 15-01-2010 | Result: Allowed

Appeal Details

RSA Number 38720524 RSA 2009
Assessee PAN AACCS9880R
Bench Ahmedabad
Appeal Number MA 387/AHD/2009
Duration Of Justice 2 month(s) 5 day(s)
Appellant The State Bank of Saurashtra, Bhavnagar
Respondent The Addl.CIT., BNR Range-1,, Bhavnagar
Appeal Type Miscellaneous Application
Pronouncement Date 15-01-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted B
Tribunal Order Date 15-01-2010
Assessment Year 2006-2007
Appeal Filed On 09-11-2009
Judgment Text
IN THE INCOME TAX APPELLLATE TRIBUNAL AHMEDABAD BENCHES B AHM EDABAD BEFORE S/ SHRI N.S.SAINI A.M & SHRI MAHAVIR SINGH J.M. M.A.NO.387/AHD/2009 (ARISING OUT ITA NO.3945/ AHD/2008 ASST.YEAR.2006-07 STATE BANK OF SAURASHTRA (NOW MERGED WITH STATE BANK OF INDIA) H.O. NILAMBAUG BHAVNAGAR PAN NO.AACCS9880R VS. THE ADDL. COMMISSIONER OF INCOME-TAX BHAVNAGAR RANGE-1 BHAVNAGAR (APPELLANT) (RESPONDENT) (ORIGINAL APPELLANT) (ORIGINAL RESPONDENT) APPELLANT BY : SHRI M.G.PATEL AR RESPONDENT BY: SH RI C.K. MISHRA SR. DR ORDER PER MAHAVIR SINGH J.M. BY WAY OF THIS MISCELLANEOUS APPLICATION (MA) THE ASSESSEE HAS REQUESTED THAT THE COMMITTEE OF DISPUTE (COD) IN IT S MEETING HELD ON 20-05- 2009 VIDE ORDER NO. COD 19/2009 DATED 04-06-2009 H AS DECIDED THAT THE BANK CAN PURSUE THE SIXTH ISSUE BEFORE ITAT THAT THE PRO VISIONS MADE TOWARDS CONTRIBUTION OF SUPERANNUATION FUNDS RAISED BY WAY OF GROUND NO.2 AS UNDER:- 2. THE LEARNED COMMISSIONER OF INCOME TAX(A)-XX A HMEDABAD HAS ERRED IN LAW AND ON FACTS OF THE CASE BY CONFIRMING ADDITION OF RS.12 61 00 000/- BEING THE PROVISION MADE FOR SUPE RANNUATION FUND FOR THE PURPOSE OF COMPUTATION OF FRINGE BENEFIT THROUG H NO ACTUAL CONTRIBUTION TOWARDS SUPERANNUATION FUND HAS BEEN M ADE BY THE APPELLANT DURING THE YEAR UNDER ASSESSMENT. 2. AFTER GOING THROUGH THE MINUTES OF COD VIDE ITEM NO.12 WHICH READS AS UNDER:- 12 PG STATE OF BANK OF DISALLOWANCE OF (1) ENTERTAINMENT EXPENSES U/S115WB (2) (A) (2) PROVISION OF HOSPITALITY OF EVERY KIND BY THE EMPLOYER TO ANY PERSON U/S.115WB(2)(B) (3) FA/AAT/593 24/11/2008 ITAT COMMISSIONER (APPEAL) CIT(A)- XX/33/2008-09 14/08/2008 AMT 4182.19 TAX- 590.39 2006- 2007 2 CONFERENCE EXPENSES U/S.115WB(2)(C) (4) HOTEL BOARDING & LODGING FACILITIES & CONVEYANCE U/S.115WB(2)(G) (5) TELEPHONE EXPENSES U/S.115WB(2)(J) (6) PROVISION MADE FOR SUPERANNUATION FUND THE COMMITTEE HEARD BOTH PARTIES TO THE DISPUTE AND DECIDED AS UNDER:- A) IN RESPECT OF THE FIRST TO FIFTH ISSUES THE REP RESENTATIVE OF STATE BANK OF INDIA SOUGHT PERMISSION OF THE COMMITTEE TO WITHDRAW THESE ISSUE S ON THE GROUND THAT THE BANK HAD BEEN GIVEN RELIEF BY THE DEPTT. SEPARATELY. THE COM MITTEE THEREFORE PERMITTED THE BANK TO WITHDRAW THESE ISSUES. B) IT PERMITTED THE BANK TO PURSUE THE SIXTH ISSUE BEFORE ITAT IN VIEW OF QUESTIONS OF FACTS AND LAW INVOLVED. WE FIND THAT THE COD HAS PERMITTED THE BANK TO PURS UE THE SIXTH ISSUE RAISED BY WAY OF GROUND NO.2 AS ABOVE. ACCORDINGLY WE RECALL THE ORDER OF THE TRIBUNAL TO THE EXTENT OF SECOND GROUND OF THE APPEAL TO BE DEC IDED ON MERITS. THE REGISTRY IS DIRECTED TO FIX THE APPEAL IN REGULAR COURSE. A CCORDINGLY THE MA OF ASSESSEE IS ALLOWED. 3. IN THE RESULT ASSESSEES MA IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 15/01/2010. (N.S.SAINI) (MAHAVIR SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER PLACE: AHMEDABAD. DATE :15/01/2010 DKP* COPY OF THE ORDER FORWARDED TO :- 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A)-XX AHMEDABAD 5. THE DR ITAT AHMEDABAD 6. GUARD FILE (IN DUPLICATE) BY ORDER /TRUE COPY/ DR / AR ITAT AHMEDABAD