Panama Petrochem Ltd.,, Bharuch v. The ACIT., Bharuch Circle,, Bharuch

MA 390/AHD/2009 | 2001-2002
Pronouncement Date: 05-02-2010 | Result: Dismissed

Appeal Details

RSA Number 39020524 RSA 2009
Assessee PAN AABCP1856D
Bench Ahmedabad
Appeal Number MA 390/AHD/2009
Duration Of Justice 2 month(s) 25 day(s)
Appellant Panama Petrochem Ltd.,, Bharuch
Respondent The ACIT., Bharuch Circle,, Bharuch
Appeal Type Miscellaneous Application
Pronouncement Date 05-02-2010
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted A
Tribunal Order Date 05-02-2010
Assessment Year 2001-2002
Appeal Filed On 10-11-2009
Judgment Text
IN THE INCOME TAX APPELLLATE TRIBUNAL AHMEDABAD BENCHES A AHM EDABAD BEFORE S/SHRI MAHAVIR SINGH J.M.& SH RI D.C.AGRAWAL A.M M.A.NO.390/AHD/2009 (ARISING OUT ITA NO.1347/AHD/2006 ASST.YEAR: 2001-02 PANAMA PETROCHEM LTD. PLOT NO.3303 GIDC ESTATE ANKLESHWAR PAN NO.AABCP1856D VS. ASSTT. COMMISSIONER OF INCOME- TAX BHARUCH CIRCLE BHARUCH (APPELLANT) (RESPONDENT) (ORIGINAL APPELLANT) (ORIGINAL RESPONDENT) APPELLANT BY : SHRI ANIL R SHAH AR RESPONDENT BY: SHRI D.S. CHAUDHURY SR-DR ORDER PER MAHAVIR SINGH J.M. BY WAY OF THIS MISCELLANEOUS APPLICATION (MA) THE A SSESSEE HAS REQUESTED FOR AMENDING THE ORDER ON ACCOUNT OF THE CLAIM OF THE ASSESSEE IN RESPECT OF DELETION OF DISALLOWANCE MADE BY THE ASS ESSING OFFICER U/S.40A(2)(B) OF THE INCOME-TAX ACT 1961 (HEREINAFTER REFERRED T O AS THE ACT) OF RS.1.50 LAKH BEING FACTORY RENT AND RS.1.20 LAKHS BEING TRANSPOR TATION CHARGES PASSED BY THE TRIBUNAL IN ITA NO.1347/AHD/2006 DATED 09-10-2009. 2. THE LD. COUNSEL FOR THE ASSESSEE STATED BEFORE U S THAT COMPLETE PARTICULARS INFORMATION AND PROOF IN SUPPORT OF CL AIM WAS MADE TO THE EFFECT THAT PAYMENT MADE TO THIS SISTER CONCERN WAS REASONABLE AND FAIR FOR BUSINESS REQUIREMENTS AS WELL AS COMMENSURATE WITH BUSINESS EXPEDIENCY. HE STATED THAT TRIBUNAL HAS NOT CONSIDERED THE APPLICABILITY U/S.40A(2)(B) AND THE ONUS IS ON 2 THE REVENUE. ON THE OTHER HAND LD. SR-DR SHRI D. S. CHAUDHARY SUPPORTS THE ORDER OF TRIBUNAL. 3. AFTER HEARING THE RIVAL CONTENTIONS WE FIND FRO M THE CASE RECORDS THAT THE ASSESSEE EVEN NOW BEFORE US COULD NOT PRODUCE WHAT WAS THE REASONABLENESS IN PAYMENT OF RENT OF TRANSPORTATION CHARGES TO ASSOCI ATE CONCERNS / SISTER CONCERN. WHEN ENQUIRY WAS MADE TO THE EFFECT THAT WHETHER THE ASSESSEE HAS FILED ANY DETAIL OF RENT PAID BY TENANTS OTHER FACTORY OF SAM E LOCALITY AND THE PAYMENT OF TRANSPORTATION COMPARATIVE WITH OTHER TRANSPORTERS. LD. COUNSEL FOR THE ASSESSEE ANSWERED IN NEGATIVE AND HE COULD NOT SHOW IN THE P APER BOOK ANYTHING. FROM THE ASSESSEES MA WE FIND THAT THE ASSESSEE WANTS REVISION OF ORDER FOR WHICH WE HAVE NO POWER. ACCORDINGLY WE DISMISS THIS MA OF THE ASSESSEE. 4. IN THE RESULT ASSESSEES MA IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 05/02/2010 . SD/- SD/- (D.C.AGARWAL) (MAHAVIR SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER PLACE: AHMEDABAD. DATE : 05 /02/2010 DKP* COPY OF THE ORDER FORWARDED TO :- 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A)-VI AHMEDABAD 5. THE DR ITAT AHMEDABAD 6. GUARD FILE (IN DUPLICATE) BY ORDER /TRUE COPY/ DR / AR ITAT AHMEDABAD