S.M. Beharay and Company, Pune V. ITO, Ward 3(1), Pune

ITA 1973/PUN/2012

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 72350 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 1 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-11-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 08-10-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: P L PATHADE
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCHES A, PUNE BEFORE SHRI G.S. PANNU, ACCOUNTANT MEMBER AND SHRI R.S. PADVEKAR, JUDICIAL MEMBER ITA NO. 1973/PN/2012 (ASSESSMENT YEAR : 2008-09) S. M. BEHARAY AND COMPANY, CONSTRUCTION HOUSE, 796/189 B, BHANDARKAR, INSTITUTE ROAD, PUNE 4. PAN : AAVFS1151R . APPELLANT VS. INCOME TAX OFFICER, WARD 3(1), PUNE. . RESPONDENT APPELLANT BY : SHRI SANKET JOSHI RESPONDENT BY : SHRI P. L. PATHADE DATE OF HEARING : 19-11-2013 DATE OF PRONOUNCEMENT : 19-11-2013 ORDER PER G. S. PANNU, AM THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST AN ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-II, PUNE DATED 11-06-2012 WHICH, IN TURN, HAS ARISEN FROM AN ORDER DATED 02-12-2010 PAS SED BY THE ASSESSING OFFICER, U/S 143(3) OF THE INCOME-TAX ACT, 1961 (IN SHORT THE ACT), PERTAINING TO THE ASSESSMENT YEAR 2008-09. 2. ALTHOUGH, THE ASSESSEE HAS PREFERRED MULTIPLE GR OUNDS OF APPEAL BUT THE SOLITARY ISSUE RELATES TO ALLOWABILITY OF AN EX PENDITURE OF RS.3,09,960/- INCURRED ON THE EDUCATION OF SHRI RAGHUNANDAN BEHAR AY, PARTNER OF THE ASSESSEE FIRM. 3. IN BRIEF, THE FACTS ARE THAT THE APPELLANT IS A PARTNERSHIP FIRM ENGAGED IN THE BUSINESS OF TRADING IN WATCHES AND IS ALSO ENGA GED IN THE BUSINESS OF INVESTING IN SHARES, SECURITIES, ETC.. ASSESSEE FI RM HAD INCURRED AN ITA NO. 1973/PN/2012 A.Y. 2008-09 EXPENDITURE OF RS.3,09,960/- ON THE EDUCATION OF ON E OF ITS PARTNER SHRI RAGHUNANDAN BEHARAY AND THE SAME WAS CLAIMED AS AN ALLOWABLE EXPENDITURE IN COMPUTING THE TOTAL INCOME. THE ASS ESSING OFFICER AND THEREAFTER THE CIT(A) HAS DISALLOWED THE CLAIM OF T HE ASSESSEE, FOLLOWING THEIR RESPECTIVE STANDS ON SIMILAR ISSUE IN THE ASSESSEE S OWN CASE FOR THE PRECEDING ASSESSMENT YEAR OF 2007-08. NOT BEING SA TISFIED WITH THE ORDERS OF THE LOWER AUTHORITIES, ASSESSEE IS IN FURTHER APPEA L BEFORE US. 4. EVEN BEFORE US, IT WAS A COMMON POINT BETWEEN TH E PARTIES THAT THE PUNE BENCH OF THE TRIBUNAL IN THE ASSESSEES OWN CA SE FOR ASSESSMENT YEAR 2007-08 VIDE ITS ORDER IN ITA NO. 1078/PN/2011 DATE D 31-08-2012 HAS UPHELD THE STAND OF THE INCOME-TAX AUTHORITIES IN DENYING THE IMPUGNED CLAIM. FOLLOWING THE AFORESAID PRECEDENT, WHICH COVERS THE CONTROVERSY IN QUESTION, THE CLAIM OF THE ASSESSEE IS DISMISSED. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED. ABOVE DECISION WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOTH THE PARTIES AT THE CONCLUSION OF THE HEARING O N 19 TH NOVEMBER, 2013 SD/- SD/- (R.S. PADVEKAR) (G.S. PANNU) JUDICIAL MEMBER ACCOUNTANT MEMBER PUNE, DATED : 19 TH NOVEMBER, 2013 SUJEET COPY OF THE ORDER IS FORWARDED TO : - 1) THE ASSESSEE; 2) THE DEPARTMENT; 3) THE CIT(A)-II, PUNE; 4) THE CIT-II, PUNE; 5) THE DR, A BENCH, I.T.A.T., PUNE; 6) GUARD FILE. BY ORDER //TRUE COPY// SR. PRIVATE SECRETARY I.T.A.T., PUNE