Income Tax Appellate Tribunal - Rajkot
Sanjay Oil Cake Industries Pvt. Ltd.,, ... vs Assessee on 16 July, 2012
आयकर अपील य अ धकरण, राजकोट यायपीठ राजकोट IN THE INCOME TAX APPELLATE TRIBULAL; RAJKOT BENCH, RAJKOT.
ी ट .के. शमा, या यक सद य एंव ी डी.के. ीवा तव, लेखा सद य के सम ।
Before Shri T. K. Sharma, JM and Shri B. R. Jain AM ITA.No. 545/Rjt/2012 नधारण वष / Assessment Year 2004-05 Assistant Commissioner of Sanjay Oil Cake Industries Pvt.
Income-tax, Circle-3, Ltd., Bedeshwar,
Jamnagar. Dist: Jamnagar.
PAN NO. AAGCS3419N
(अपीलाथ /Appellant) यथ /Respondent
C.O. No. 39/Rjt/2012
नधारण वष / Assessment Year 2004-05
Sanjay Oil Cake Industries Pvt. Assistant Commissioner of
Ltd., Bedeshwar, Income-tax, Circle-3,
Dist: Jamnagar. Jamnagar.
PAN NO. AAGCS3419N यथ /Respondent
(अपीलाथ /Appellant)
राज व क ओर से / Revenue by Shri Avinash Kumar, D. R.
नधा रतीक ओर से / Assessee by Shri R. D. Lalchandani, Advocate.
सुनवाई क तार ख / Date of Hearing 10-12-2012 घोषणा क तार ख / 14-12-2012 Date of Pronouncement आदेश / Order ट .के. शमा, या यक सद य / T. K. Sharma, J. M. : This appeal of the revenue and cross objections of the assessee are against the order dated 16-07-2012 of CIT (A), Jamnagar for the assessment year 2004-05.
2. The facts in brief, are that the assessee is a company. For the assessment year under appeal, it filed return of income on 27-10-2004 declaring 2 ITA 545 & CO 39/Rjt/2012 total income of Rs.25,53,350/-. This Return of income was processed u/s.143(1) of the I.T. Act on 09-12-2004 accepting the returned income. Subsequently, this assessment was reopened u/s.147 of the I.T. Act, 1961. In the assessment order u/s.143(3) of the I.T. Act, the AO disallowed unpaid liability amounting to Rs.10,59,092/-.
3. On appeal, in the impugned order, the ld. CIT(A) upheld the reopening of assessment u/s.143(1) following the judgment of Hon'ble Supreme Court in the case of Rajesh Zaveri Stock Brokers Pvt. Ltd. 291 ITR 500. On merit, the ld. CIT(A) deleted the disallowance u/s.43B of the I.T. Act, 1961 for the detailed reason given in para-7 which reads as under:-
"7. In so far as second ground of appeal against disallowance u/s.48B of the Act is concerned, I have duly considered the submission of the appellant and the discussion made by the AO in the assessment order. Appellant submitted that the provision of Rs.25,98,684 includes provision for income tax amounting to Rs.17,50,000 which has not been claimed as deduction and the amount of Rs.15,39,592 shown as payment also includes the payment on account of sales-tax. He further explained that income-tax provisions of Rs.8,00,000 for the year 2002-03 and Rs.9,50,000 for the year 2003-04 are also part of the total provisions of Rs.25,98,684 and all the remaining payments have already been made before filing the return. The books of accounts clearly show the payments. From the details furnished by the appellant I have found that amount of Rs.15,39,592 includes sales-tax amount of Rs.10,59,092. Therefore, the AO was not justified in making disallowance of Rs.10,59,092 u/s.43B of the Act and the same is ordered to be deleted."
Aggrieved with the order of ld. CIT(A), the revenue is in appeal before the Tribunal on the following ground:-
"1. The CIT(A) has erred in deleting the addition of Rs.1059092/- made by the AO u/s.43B of the Act."
4. At the time of hearing before us, the ld. D.R. could not point out any infirmity in the view taken by the ld. CIT(A) in deleting the disallowance made u/s.43B of the I.T. Act. We therefore, inclined to upheld the order of ld. CIT(A) 3 ITA 545 & CO 39/Rjt/2012 deleting the disallowance of Rs.10,59,092/- u/s.43B of the I. T. Act. The appeal of the revenue is accordingly rejected.
5. The only ground taken by the assessee in its cross objection reads as under:-
"1. The Commissioner of Income Tax (Appeals) erred in confirming the reopening of the assessment u/s.148 of the Act. The reopening of the assessment is not justified."
6. The aforesaid ground of cross objection was not pressed by ld. counsel of the assessee at the time of hearing. Therefore, same is dismissed being not pressed.
7. In the result, the appeal of the revenue as well as cross-objection filed by the assessee are dismissed.
This Order pronounced in Open Court on the date mentioned hereinabove.
Sd/- Sd/-
( B. R. Jain ) (ट .के. शमा/ T. K. Sharma)
लेखा सद य/ Accountant Member या यक सद य/Judicial Member
आदेश दनांक/Order Date 14-12-2012.
राजकोट /Rajkot
NVA/-
आदेश क त ल प अ े षत / Copy of Order Forwarded to:-
1. अपीलाथ / Appellant-Assistant Commissioner of Income-tax, Cir-3, Jamnagar
2. यथ / Respondent-Sanjay Oil Cake Industries Pvt. Ltd., Bedeshwar, Dist. Jamnagar
3. संबं धत आयकर आयु त / Concerned CIT, Jamnagar
4. आयकर आयु त- अपील / CIT (A), Jamnagar.
5. वभागीय त न ध, आयकर अपील य अ धकरण, राजकोट / DR, ITAT, Rajkot
6. गाड फाइल / Guard file.
4 ITA 545 & CO 39/Rjt/2012 आदेश से / By order, True Copy Asstt. Registrar सहायक पंजीकार आयकर अपील य अ धकरण, राजकोट Income tax Appellate Tribunal, Rajkot.