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Income Tax Appellate Tribunal, AHMEDABAD “B” BENCH
Before: SHRI RAJPAL YADAV & SHRI N.K. BILLAIYA
PER N.K. BILLAIYA, ACCOUNTANT MEMBER:
This appeal by the Assessee is directed against the order of Ld. CIT(A), Gandhinagar, Ahmedabad dated 27.04.2015 pertaining to A.Y. 2012-13.
ITA No. 2589/Ahd/2015 2 . A.Y. 2012-13 2. The assessee has raised following substantive grounds of appeal. 1. The C.I.T.(Appeals) erred in law in confirming the disallowance of Rs. 1 5,20,000/- made by Assessing Officer being premium of securities classified under 'Held to Maturity' category.
The C.I.T.(Appeals) erred in law and on facts in confirming the disallowance of Rs. 15,543/- made by the Assessing Officer by adding profit on sale of plant and machinery.
The C.I.T.(Appeals) erred in law and on facts in confirming the disallowance of Rs.232/- made by the Assessing Officer by adding profit on sale of dead stock.
The appeal is late by 49 days. The assessee has requested for the condonation of the delay. We have carefully considered the reasons given by the assessee. We find that the assessee was prevented by reasonable and sufficient cause for not filing the appeal within the period of limitation. The delay is accordingly condoned. Coming to the merits of the case, the ld. counsel fairly conceded that the grievance raised by the assessee have been decided by the Hon’ble Jurisdictional High Court of Gujarat in favour of the revenue and against the assessee in the case of Rajkot Dist. Co-op Bank Ltd. 43 taxmann.com 161.
On such concession and on careful perusal of the order of the Hon’ble Jurisdictional High Court in the case of Rajkot Dist. Co-op Bank Ltd (supra). Ground no. 1 is dismissed.
Since ground nos. 2 & 3 were not contested by the assessee, the same are dismissed.
ITA No. 2589/Ahd/2015 3 . A.Y. 2012-13 6. In the result, the appeal filed by the Assessee is dismissed.
Order pronounced in Open Court on 18- 12- 2017
Sd/- Sd/- (RAJPAL YADAV) (N. K. BILLAIYA) JUDICIAL MEMBER True Copy ACCOUNTANT MEMBER Ahmedabad: Dated 18 /12/2017 Rajesh Copy of the Order forwarded to:- 1. The Appellant. 2. The Respondent. 3. The CIT (Appeals) – 4. The CIT concerned. 5. The DR., ITAT, Ahmedabad. 6. Guard File. By ORDER
Deputy/Asstt.Registrar ITAT,Ahmedabad