M/s. S.E.V.Azmalkhan Sons, Madurai V. ITO, Madurai

CO 62/CHNY/1995

• Counselvise Citation: [2010] 122 COUNSELVISE.COM (IT) 5082 (ITAT-CHENNAI)
• Duration Of Justice: 14 year(s) 10 month(s) 9 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 05-08-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 05-08-2010
• Assessment Year: 1993-1994
• Appeal Filed On: 26-09-1995
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: B SRINIVAS
• Assessee Lawyers: T VASUDEVAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BENCH C CHENNAI (BEFORE SHRI ABRAHAM P. GEORGE, ACCOUNTANT MEMBER AND SHRI GEORGE MATHAN, JUDICIAL MEMBER) ..... CO NO. 62/MDS/1995 (IN I.T.A. NO. 1395/MDS/1995) ASSESSMENT YEAR : 1993-94 M/S S.E.V. AZMAL KHAN SONS279, GOODSHED STREET, MADURAI (APPELLANT) V. THE INCOME TAX OFFICER, WARD 1(8), MADURAI (RESPONDENT) APPELLANT BY : SHRI T. VASUDEVAN RESPONDENT BY : SHRI B. SRINIVAS O R D E R PER ABRAHAM P. GEORGE, ACCOUNTANT MEMBER : THROUGH THESE CROSS OBJECTIONS, ASSESSEE PLEADS TH AT THE CLAIM OF REMUNERATION TO MANAGING DIRECTOR WAS IN ORDER A ND ACTUAL REMUNERATION WHICH WAS BELOW 90% OF THE INCOME OUGH T NOT HAVE BEEN DISALLOWED. 2. CROSS OBJECTIONS HAVE BEEN FILED BY ASSESSEE IN SUPPORT OF THE ORDER OF THE LD. CIT(A) FOR THE IMPUGNED ASSESSMENT YEAR AGAINST CO. NO.62/MDS/95 2 WHICH REVENUE HAD FILED AN APPEAL NUMBERED 1395/MDS /1995. VIDE ITS ORDER DATED 18.3.1998, THIS TRIBUNAL HAD DISMIS SED THE APPEAL OF THE REVENUE. SINCE THE APPEAL OF THE REVENUE STAND S DISMISSED, CROSS OBJECTIONS RAISED BY ASSESSEE WHICH ARE ESSEN TIALLY IN SUPPORT OF THE ORDER OF THE LD. CIT(A) HAVE BECOME INFRUCTU OUS. 3. IN THE RESULT, CROSS OBJECTIONS OF THE ASSESSEE ARE DISMISSED. THE ORDER WAS PRONOUNCED IN THE OPEN COURT ON 05.08 .2010. SD/- SD/- (GEORGE MATHAN) (ABRAHAM P. GEORGE ) JUDICIAL MEMBER ACCOUNTANT MEMBE R CHENNAI, DATED THE 5 TH AUGUST, 2010. VL COPY TO: (1) APPELLANT (2) RESPONDENT (3) CIT(A), CHENNAI-34 (4) CIT, CHENNAI-34 (5) D.R. (6) GUARD FILE