ITAT Upholds Deletion of Addition made by CIT(A) on ground of Non Consideration of Previous Decision of Assessment [Read Order]

The Ahmedabad bench of the Income Tax Appellate Tribunal (ITAT) upheld the deletion of the addition made by the Commissioner of Income Tax (Appeals) on the ground of non consideration of the previous decision of assessment. 

Kaira District Co-operative Milk Production unit Ltd, the respondent assessee was a Co-operative Society deriving income from the business of manufacturing and marketing milk and milk products. The assessing officer made an addition to the income of the assessee. Later the Commissioner of Income Tax (Appeals) deleted the addition made by the assessing officer. 

The revenue appealed against the order passed by the Commissioner for deleting the addition made by the assessing officer. 

Yogesh Shah, the counsel for the assessee contended that all the grounds raised by the Revenue are covered in favor of the assessee in the assessee’s own case for the earlier assessment years. Thus the Revenue appeals are liable to be dismissed. 

Leena Lal, the counsel for the revenue contended that the revenue could not controvert the above submissions of the assessee and supported the order of the lower authorities, and prayed to allow the revenue appeal. 

The bench observed that there was no change in the grant received by the assessee for the present assessment year and the present appeals issue was already decided in the previous assessment. 

The two-member panel comprising Waseem Ahmed (Accountant) and T.R. Senthil Kumar (Judicial) upheld the deletion of the addition made by the commissioner while dismissing the appeal filed by the revenue. 

To Read the full text of the Order CLICK HERE

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