SHAMJI MAYA & SONS,,BHUJ vs. THE INCOME TAX OFFICER, WARD-2,, BHUJ
In the result, the appeal of the assessee is allowed in above terms
ITA 93/RJT/2016[2011-12]Status: DisposedITAT Rajkot25 Jan 2023AY 2011-12
Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumar"नधा"रणवष"/Assessment Year: 2011-12 M/S. Shamji Maya & Sons, Vs. Income Tax Officer, Narayan Chambers, Ward-2, Bank Of Baroda Bldg., Bhuj-Kutch Station Road, Bhuj Pan : Abdfs 5703 J अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Kalpesh Doshi, Ar Revenue By : Shri B.D. Gupta, Sr. Dr सुनवाई क" तार"ख/Date Of Hearing : 17.11.2022 घोषणा क" तार"ख /Date Of Pronouncement: 25.01.2023 आदेश/O R D E R Per Annapurna Gupta: This Appeal Filed By The Assessee Is Directed Against The Order Of Learned Commissioner Of Income-Tax (Appeals)-3, Rajkot (Hereinafter Referred To As “Cit(A)”) Dated 19.02.2016 Passed U/S 250(6) Of The Income-Tax Act, 1961, (Hereinafter Referred To As “The Act”) For Assessment Year (Ay) 2011-12. 2. This Is A Recalled Matter. In The First Round Of Litigation, The Tribunal Vide Order Dated 30.07.2019 In Ita No.93/Rjt/2016 For The Assessment Year 2011-12, Had Dismissed The Appeal Of The Assessee. However, The Assessee Moved A Miscellaneous Application Praying Recall Of The Order On The Ground That The Alternate Contention Raised By The Assessee To Tax The Undisclosed Contract Receipts Of Rs.15,41,000/- On Estimated Basis, In View Of The Decision Of Hon’Ble Jurisdictional High Court In The Case Of Cit Vs.Industries, Reported In (2002) 124 Taxman 654 (Guj), As Relied Upon By The Assessee, Was Not Considered By The Tribunal While Adjudicating The Case. The Tribunal, Therefore, Vide Order Dated 16.09.2022 Recalled The Appeal In View Of The Judgement Of Hon’Ble
For Appellant: Shri Kalpesh Doshi, ARFor Respondent: Shri B.D. Gupta, Sr. DR
Section 250(6)
…IN THE INCOME TAX APPELLATE TRIBUNAL, RAJKOT BENCH, RAJKOT BEFORE MRS. ANNAPURNA GUPTA, ACCOUNTANT MEMBER AND SHRI T.R. SENTHIL KUMAR, JUDICIAL MEMBER "नधा"रणवष"/Assessment Year: 2011-12 M/s. Shamji Maya & Sons, Vs. Income Tax Officer, Narayan Chambers, Ward-2, Bank of Baroda Bldg., Bhuj-Kutch Station Road, Bhuj PAN : ABDFS 5703 J अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee by : Shri Kalpesh Doshi, AR Revenue by : Shri B.D. Gupta, Sr. DR सुनवाई क" तार"ख/Date of Hearing : 17.11.2022 घोषणा क" तार"ख /Date of Pronouncement: 25.01.2023 आदेश/O R D E R PER ANNAPURNA GUPTA, ACCOUNTANT MEMBER: This appeal filed by…