THE DCITGNR CIRCLE, GANDHINAGAR vs. GUJARAT RURAL INDUSTRIES MARKETING CORPORATION LTD., GANDHINAGAR

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ITA 2162/AHD/2014Status: DisposedITAT Ahmedabad14 November 2017AY 2011-122 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal followed the decision of a co-ordinate bench in the assessee's own case for the prior assessment year. The CIT(A) had also followed his predecessor's findings which were in favor of the assessee.

What were the facts?

The Revenue appealed against the CIT(A)'s deletion of an addition of Rs. 40,26,350/- on account of unaccounted utilized revenue grant. The assessee argued that a similar issue was decided in their favor for a previous assessment year.

What were the issues?

Whether the addition on account of unaccounted utilized revenue grant was justified. Whether the CIT(A) erred in deleting the said addition.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AHMEDABAD “B” BENCH

Before: SHRI N.K. BILLAIYA & SHRI S. S. GODARA

For Appellant: Shri Mudit Nagpal, Sr. D.R

PER N.K. BILLAIYA, ACCOUNTANT MEMBER 1. This appeal by the Revenue is preferred against the order of the Ld. CIT(A)-, Gandhinagar, Ahmedabad dated 17.05.2014 pertaining to A.Y. 2011-12.

ITA No. 2162/Ahd/2014 2 . A.Y. 2011-11 2. The only grievance of the revenue is that the ld. CIT(A) erred in deleting the addition of Rs. 40,26,350/- on account of unaccounted utilized revenue grant.

3.

At the very outset, the ld. counsel for the assessee stated that a similar issue has been decided in favour of the assessee and against the revenue by the Tribunal in assessee’s own case in A.Y. 2010-11.

4.

The ld. D.R. fairly conceded to this.

5.

We have carefully considered the orders of the authorities below. We find that the First Appellate Authority at Para 4.3 of his order has followed the findings of his predecessor for A.Y. 2010-11. We find that in A.Y. 2010-11, the Tribunal in ITA No. 2597/Ahd/2013 has decided this issue in favour of the assessee and against the revenue.

6.

Respectfully following the findings of the Co-ordinate Bench, appeal filed by the revenue is accordingly dismissed.

Order pronounced in Open Court on 14 - 11- 2017.

Sd/- Sd/- (S.S. GODARA) (N. K. BILLAIYA) JUDICIAL MEMBER True Copy ACCOUNTANT MEMBER Ahmedabad: Dated: 14 /11/2017 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.

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