ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 3, GUWAHATI vs. M/S. ANUPAM NIRMAN PVT. LTD., GUWAHATI
In the result, appeal of the revenue is dismissed
ITA 172/GTY/2018[2012-13]Status: DisposedITAT Guwahati22 Feb 2023AY 2012-13
Bench: Shri Rajpal Yadav, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 172/Gty/2018 Assessment Year: 2012-13 Assistant Commissioner Of M/S. Anupam Nirman Private Income Tax, Circle-3, Guwahati Vs Limited 1St Floor, Kabita Mansion Rajgarh Link Road Chandmari Guwahati - 781003 [Pan : Aaica 4965 B] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Kishor Jain, Fca Revenue By : Shri N.T. Sherpa, Jcit सुनवाई क" तार"ख/Date Of Hearing : 20/12/2022 घोषणा क" तार"ख /Date Of Pronouncement: 22/02/2023 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Revenue Against The Order Of The Learned Commissioner Of Income Tax (Appeals) – Guwahati-2, Guwahati, (Hereinafter The “Ld. Cit(A)”) Dt. 27/03/2018, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act’), For Assessment Year 2012-13. 2. The Revenue Has Raised The Following Grounds Of Appeal:- “(I) That On The Facts & Circumstances Of The Case As Well As On The Points Of Law, The Ld. Cit(A) Has Erred In Deleting The Addition Of Rs. 1,20,77,310/- On Account Estimation Of The Net Profit @ 7% Of Total Turnover For The Year. (Ii) That On The Facts & Circumstances Of The Case As Well As On The Points Of Law, The Ld. Cit(A) Erred In Deleting The Addition Of Rs. 49,05,724/- On Account Of Disallowance Towards Interest Expense Against Loan Under Section 40(A)(Ia) Of The Income Tax Act, 1961. (Iii) That On The Facts & Circumstances Of The Case As Well As On The Points Of Law, The Ld. Cit(A) Erred In Deleting The Addition Of Rs. 11,26,247/- On
For Appellant: Shri Kishor Jain, FCAFor Respondent: Shri N.T. Sherpa, JCIT
Section 132Section 143(2)Section 143(3)Section 153CSection 250Section 40Section 43B
115; (2016) 380 ITR 571, it was held as follows, by the Hon’ble Delhi High Court:
“The Court finds that the order of the CIT(Appeals) reveals that there is a factual finding that "no incriminating evidence related to share capital issued was found during the course of search as is manifest from the order of the AO." Consequently
