DCIT CIR 8(2), MUMBAI V. OXFORD MOUDINGS P. LTD, MUMBAI

ITA 1198/MUM/2010

• Counselvise Citation: [2010] 119 COUNSELVISE.COM (IT) 6142 (ITAT-MUMBAI)
• Duration Of Justice: 9 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-12-2010
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2005-2006
• Appeal Filed On: 15-02-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SUM EET KUMAR

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH C, MUMBAI BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER AND SHRI VIJAY PAL RAO, JUDICIAL MEMBER. I.T.A. NO. 1198/MUM/2010. ASSESSMENT YEAR : 2005-06. DY. COMMISSIONER OF INCOME-TAX, M/ S OXFORD MOULDING PVT. LTD. 8(21), MUMBAI. VS. 101-A, TODI COMPLEX, 35 SAKI VIHAR ROAD, ANDHERI (E) MUMBAI 400072. P.A. NO. AAACO1158Q APPELLANT. RESPONDENT. APPELLANT BY : SHRI SUMEET KUMAR. RESPONDENT BY : SHRI RAKESH JOSHI AND MS. VINITA SHAH. O R D E R PER J. SUDHAKAR REDDY, A.M. : THIS IS AN APPEAL FILED BY THE REVENUE DIRECTED A GAINST THE ORDER OF THE CIT(APPEALS)-17, MUMBAI DATED 10 TH NOV., 2009 ON THE FOLLOWING GROUND : ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD. CIT(A) ERRED IN DELETING THE ADDITION OF EXCISE DUT Y TO THE CLOSING STOCK MADE BY THE AO IN TERMS OF PROVISIONS OF SEC. 145A OF THE I.T. ACT, WITHOUT APPRECIATING THE FACT THAT THE ADDITION HAS BEEN MA DE IN VIEW OF THE SPECIFIC PROVISIONS OF SEC. 145A AND ALSO IN CONFORMITY WITH THE DECISION OF THE DELHI HIGH COURT ON THE ISSUE IN THE CASE OF M/S MA HAVIR ALLUMINIUM LTD. (214 CTR 45) (DEL.) 2 2. AFTER HEARING MR. SUMEET KUMAR, LEARNED DR AND S HRI RAKESH JOSHI, LEARNED COUNSEL FOR THE ASSESSEE, WE SET ASIDE THE APPEAL TO THE FILE OF THE AO FOR FRESH ADJUDICATION, ON THE SAME LINES AS IN THE CAS E OF ACIT, RANGE-8(3), MUMBAI VS. M/S TIME PACKAGING LTD. IN ITA NO. 6450/MUM/200 6, E-BENCH ORDER DATED 3 RD NO. 2008. BOTH THE PARTIES AGREED THAT THE AO SHOUL D BE DIRECTED TO READJUDICATE THE MATTER IN THE LIGHT OF THE DECISION OF THE HON BLE DELHI HIGH COURT IN THE CASE OF MAHAVEER ALUMINIUM LTD. 297 ITR 77. 3. IN THE RESULT, THE APPEAL IS ALLOWED FOR STATIST ICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 3 RD DEC., 2010. SD/- SD/- (VIJAY PAL RAO) (J. SUDHAKAR REDDY) JUDICIAL MEMBER. ACCO UNTANT MEMBER MUMBAI, DATED: 3 RD DEC., 2010. COPY TO : 1. APPELLANT 2. RESPONDENT 3. C.I.T. 4. CIT(A) 5. DR, C-BENCH (TRUE COPY) BY ORDE R ASSTT. REGISTRAR, ITAT, MU MBAI. WAKODE