Pr. Commissioner of Income-tax, Surat - 1 v. Ganga Fashion Pvt. Ltd
[Citation -2017-LL-0904-9]

Citation 2017-LL-0904-9
Appellant Name Pr. Commissioner of Income-tax, Surat - 1
Respondent Name Ganga Fashion Pvt. Ltd.
Court HIGH COURT OF GUJARAT AT AHMEDABAD
Relevant Act Income-tax
Date of Order 04/09/2017
Judgment View Judgment
Keyword Tags question of law • oral order • labour charge • gross profit rate • rejection of books of accounts
Bot Summary: 145(3) of the Income Tax Act ignoring the facts that the Assessing Officer has demonstrated the defects in labour charges/expenses, which are the major ingredients in working of gross profit in the instant case 2. Issues pertain to labour charges and ultimate Gross Profit ratio declared by the assessee for the assessment year 2007 2008. The Assessing Officer was of the opinion that there was sharp increase in labour charges. After hearing the assessee rejected the books of accounts and disallowed the part of the labour charges. CIT(Appeals) as well as the Tribunal both found that there was no justification in doing so. The Tribunal while confirming the view of the CIT(Appeals) noted that eventually the assessee company had achieved better result by reshuffling the labour force and the profit ratio of the year under consideration had improved as compared to earlier years. Commissioner(Appeals) as well as the Tribunal having concurrently come to factual findings, no question of law arises.


O/TAXAP/637/2017 ORDER IN HIGH COURT OF GUJARAT AT AHMEDABAD TAX APPEAL NO. 637 of 2017 PR. COMMISSIONER OF INCOME TAX, SURAT - 1 Appellant(s) Versus GANGA FASHION PVT. LTD. Opponent(s) Appearance: MRS MAUNA M BHATT, ADVOCATE for Appellant(s) No. 1 CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI and HONOURABLE MR.JUSTICE BIREN VAISHNAV Date : 04/09/2017 ORAL ORDER (PER : HONOURABLE MR.JUSTICE AKIL KURESHI) 1. Revenue is in appeal against judgment of Income Tax Appellate Tribunal dated 24.11.2016 raising following questions for our consideration: (A) Whether on facts and circumstances of case and as per law, Appellate Tribunal is right in confirming decision of CIT(A) in deleting addition made by Assessing Officer of disallowances of labour charges in spite of failure on part of assessee to furnish daily production register and to explain huge variation in rate of labour charges paid and total number of labourers shown in attendance register and wages register? (B) Whether on facts and circumstances of case and as per law, Appellate Tribunal is not appreciated Page 1 of 3 HC-NIC Page 1 of 3 Created On Fri Sep 08 09:49:55 IST 2017 O/TAXAP/637/2017 ORDER fact there is substantial fall in Gross Profit ratio by 13.27% during year compared to immediate preceding year but no addition was on this count as disallowance out of labour charges were made, which co relate with fall in Gross Profit? (C) Whether on fact and circumstances of case and as per law, Appellate Tribunal is right not appreciating fact that Assessing Officer rejected books of accounts of assessee u/s. 145(3) of Income Tax Act ignoring facts that Assessing Officer has demonstrated defects in labour charges/expenses, which are major ingredients in working of gross profit in instant case? 2. Issues pertain to labour charges and ultimate Gross Profit ratio declared by assessee for assessment year 2007 2008. Assessing Officer was of opinion that there was sharp increase in labour charges. He therefore, after hearing assessee rejected books of accounts and disallowed part of labour charges. CIT(Appeals) as well as Tribunal both found that there was no justification in doing so. Tribunal while confirming view of CIT(Appeals) noted that eventually assessee company had achieved better result by reshuffling labour force and profit ratio of year under consideration had improved as compared to earlier years. issues are thus essentially factual in nature. Commissioner(Appeals) as well as Tribunal having concurrently come to factual findings, no question of law arises. 3. Tax Appeal is dismissed. (AKIL KURESHI, J.) Page 2 of 3 HC-NIC Page 2 of 3 Created On Fri Sep 08 09:49:55 IST 2017 O/TAXAP/637/2017 ORDER (BIREN VAISHNAV, J.) raghu Page 3 of 3 HC-NIC Page 3 of 3 Created On Fri Sep 08 09:49:55 IST 2017 Pr. Commissioner of Income-tax, Surat - 1 v. Ganga Fashion Pvt. Ltd
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