THE ASSTT. COMMR. OF INCOME TAX, GANDHIDHAM CIRCLE, GANDHIDHAM vs. M/S SWAMINARAYAN VIJAY CARRY TRADE PVT. LTD., BHUJ

ITA 399/RJT/2016Status: DisposedITAT Rajkot26 June 2019AY 2011-128 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal upheld the CIT(A)'s decision to delete the disallowance of diesel expenses, finding that the AO failed to appreciate the change in business pattern and the nature of expenses. The Tribunal also upheld the deletion of the Section 14A disallowance as no exempt income was claimed by the assessee.

What were the facts?

The Revenue appealed against the deletion of additions made for diesel expenses and under Section 14A. The assessee's business involved transportation and job work, with significant diesel expenses. The assessee also had investments, but claimed no exempt income.

What were the issues?

Whether the disallowance of diesel expenses was justified given the change in business pattern and whether disallowance under Section 14A is permissible without claiming exempt income.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 271(1)(c),Section 14A

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Income Tax Appellate Tribunal, RAJKOT – RAJKOT BENCH

Before: SHRI WASEEM AHMED

For Appellant: Smt. Namita Khura, Sr. DR
Hearing: 18/06/2019Pronounced: 26/06/2019

PER MADHUMITA ROY- JM: Both the appeals filed by Revenue are directed against the order dated 24.06.2016 passed by the Ld. CIT(A), Jamnagar arising out of the order dated 28.03.2014 passed by the Ld. JCIT, Gandhidham under section 143(3) of the Income Tax Act, 1961and against the order dated 30.08.2016 passed by the CIT(A)-3, Rajkot under sec. 271(1)(c) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) arising out of the order dated 22.09.2014 passed by the Ld. JCIT, Gandhidham respectively, both for Financial Year 2011-12. 2. Since both the matters relate to the same assessee and

The order continues below.

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