DCIT, New Delhi V. M/s. Yamaha Motor India Pvt. Ltd., New Delhi

ITA 190/DEL/2012

• Counselvise Citation: [2014] 120 COUNSELVISE.COM (IT) 5487 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-01-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Next Hearing Date: 17-12-2013
• Assessment Year: 2005-2006
• Appeal Filed On: 12-01-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SAMEER SHARMA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH H NEW DELHI) BEFORE SHRI U. B. S. BEDI, JUDICIAL MEMBER AND SHRI B. C. MEENA, ACCOUNTANT MEMBER I.T.A. NO. 190 /DEL/2012 (ASSESSMENT YEAR 2005-06) ACIT, CIRCLE 18(1), VS. M/S. YAMHA MOTOR INDIA PVT . LD., NEW DELHI AALIANZ HOUSE, IIND FLOOR, CAPT. GAUR MARG, SRINIWAS PURI, NEW DELHI 110 065 PAN/GIR NO.: AAACE1647C (APPELLANTS) (RESPONDENTS) ASSESSEE BY : SHRI MUKESH SINGHAL, AR DEPARTMENT BY: SHRI SAMEER SHARMA, SR. DR ORDER PER U B S BEDI, JUDICIAL MEMBER: THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST THE ORDER PASSED BY LD. CIT(A) - XXI, NEW DELHI DATED 31.10.2011 RELEVANT T O ASSESSMENT YEAR 2005-06 WHEREBY DELETION OF DISALLOWANCE OF SCHOLAR SHIP PAID BY THE ASSESSEE TO EMPLOYEES AND DELETION OF DISALLOWANCE OF PROVISION FOR WARRANTY IN RESPECT OF PRODUCTS SOLD BY THE ASSESSE E FOR RS.24,00,050/- AND RS.1,57,81,787/- RESPECTIVELY HAS BEEN CHALLENGED. 2. AT THE VERY OUTSET, LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT BOTH THE ISSUES ARE COVERED IN FAVOUR OF THE ASSESSEE BY ITA T DECISION WITH RESPECT TO THE FIRST ISSUE IN ASSESSMENT YEARS 2001-02 AND 200 4-05 WHEREAS, WITH REGARD TO THE 2 ND ISSUE, THE SAME IS COVERED BY THE ORDER OF ITAT FO R THE ASSESSMENT YEAR 2004-05 IN ASSESSEES OWN CASE. IT WAS THUS PLEADED FOR CONFIRMATION OF THE ORDER OF LD. CIT(A) BEING COVER ED ISSUE. TO SUPPORT HIS CONTENTION, LD. COUNSEL FOR THE ASSESSEE FILED COPI ES OF ITAT F AND H I.T.A. NO. 190/DEL/2012 2 BENCHES ORDERS IN THE CASE OF THE ASSESSEE IN I.T.A . NO. 3073/DEL/2004 AND I.T.A. NO. 2249/DEL/2008 FOR THE ASSESSMENT YEAR 20 04-05 DATED 10 TH OCT. 2006 AND 24 TH JULY 2009 RESPECTIVELY AND IT WAS CONTENDED FOR DI SMISSAL OF THE APPEAL OF THE REVENUE ON BOTH THE ISSUES. 3. LD. D.R. COULD NOT CONTROVERT THE FACTUAL ASPECT RATHER SUBMITTED THAT APPEAL COULD BE DECIDED IN ACCORDANCE WITH LAW. 4. WE HAVE HEARD BOTH THE SIDES, CONSIDERED THE MAT ERIAL ON RECORD AND FIND THAT THE ISSUES INVOLVED ARE SQUARELY COVERED IN FAVOUR OF THE ASSESSEE BY EARLIER DECISION OF ITAT AS RELIED UPON BY LD. C OUNSEL FOR THE ASSESSEE IN ASSESSEES OWN CASE. THEREFORE, FOLLOWING THE SAID PRINCIPLE, WE UPHOLD THE ORDER OF LD. CIT(A), WHICH IS FOUND TO BE IN ACCORD ANCE WITH EARLIER DECISION OF ITAT IN ASSESSEES OWN CASE AND DISMISS THE APPEAL OF THE REVENUE. 5. AS A RESULT, THE APPEAL OF THE REVENUE GETS DISM ISSED. 6. ORDER PRONOUNCED IN THE OPEN COURT ON 30 TH JAN., 2014. SD./- SD./- (B. C. MEENA) (U.B.S.BEDI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATE: 30 TH JAN., 2014. SP. COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A)-XXV, NEW DELHI AR, ITAT, 5. CIT(ITAT), NEW DELHI NEW DELHI