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Income Tax Appellate Tribunal, AHMEDABAD ‘C’ BENCH, AHMEDABAD
Per Pramod Kumar, AM:
By way of this appeal, the assessee has challenged correctness of the order dated 3rd June 2015, passed by the learned CIT(A), for the assessment year 2011-12, on the following grounds:
“1. The Ld. CIT(A) has erred in law and on facts in confirming the addition u/s.145A of the Act of Rs.51,04,508/- without considering the submissions of the appellant.
The Ld. CIT(A) has not considered the ratio of decision of the High Court of Gujarat in the case of Narmada Chematur Petrochemicals Ltd. (2010) 233 CTR (Guj) 265.
When this appeal was called out for hearing, learned representatives fairly agreed that the issue in appeal is covered, in favour of the assessee, by a co-ordinate
ITA No.2217/Ahd/2015 Assessment Year: 2011-12 Page 2 of 2 bench’s decision in the case of this very assessee for the assessment year 2010-11. A copy of the said decision was also placed before us.
In view of the admitted position as above, we uphold the plea of the assessee and direct the Assessing Officer to delete the impugned addition of Rs.51,04,508/-.
In the result, the appeal is allowed in the terms indicated above. Pronounced in the open court today on the 15th May, 2018.
Sd/- Sd/- Mahavir Prasad Pramod Kumar (Judicial Member) (Accountant Member) Dated: 15th May, 2018
PBN/*
Copies to: (1) The appellant (2) The respondent (3) CIT (4) CIT(A) (5) DR (6) Guard File
By order
Assistant Registrar Income Tax Appellate Tribunal Ahmedabad benches, Ahmedabad