Shri Sayyed Hamid Ali, Ujjain vs. The ACIT Circle 2(1), Ujjain
In the result, the appeal of the assessee stands allowed
ITA 38/IND/2017[2012-13]Status: DisposedITAT Indore19 Dec 2019AY 2012-13
Bench: Shri Kul Bharat & Shri Manish Boradassessment Year: 2012-13 Sayyed Hamid Ali Acit-2(1) बनाम/ (Prop. Fairdeal Steel) 60-A, Ujjain Vs. Industrial Area Maxi Road, Ujjain (Appellant) (Revenue) Pan: Acmpa7063M Appellant By Shri S.S. Deshpande, Ca Revenue By Shri K.G. Goyal, Sr. Dr Date Of Hearing: 28.11.2019 Date Of Pronouncement: 19.12.2019 आदेश / O R D E R Per Manish Borad, A.M: This Appeal At The Instance Of Assessee Pertaining To A.Y. 2012-13 Is Directed Against The Order Of Commissioner Of Income Tax(Appeals), Ujjain, (In Short ‘Cit’), Dated 30.11.2016 Which Is Arising Out Of The Order U/S 143(3) Of The Income Tax Act 1961(Hereinafter Called As The ‘Act’) Framed On 10.03.2015 By Acit- 2(1), Ujjain.
Section 133ASection 142(1)Section 143(2)Section 143(3)
…untenable in law. 8 Sayyed Hamid Ali ITANo.38/Ind/2017 This view is supported by the Decision of the Tribunal Bench of Ahmedabad in the case of Manharlal Kasturchand Chokshi vs. ACIT [1997] 61 ITD 55 (Ahd), and also in the case of Hotel Kiran vs. ACIT [1971] 82 ITR 453 (Pune) Apart from the above legal lacunae, the appellant’s retraction also suffers from other procedural defects. The appellant being responsible for the functioning of the business, voluntarily gave statement u/s 133A of the Income Tax Act, 1961 on 12.07.2011 which does not indicate any sort of pressure or coercion but alert presence of mind and…