TOLARAM & CO, MUMBAI V. DCIT CEN CIR 31, MUMBAI

ITA 2039/MUM/2010

• Counselvise Citation: 203919914 RSA 2010
• Duration Of Justice: 1 year(s) 7 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-10-2011
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: E
• Next Hearing Date: 05-10-2011
• Assessment Year: 2007-2008
• Appeal Filed On: 12-03-2010
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Assessee Lawyers: ASSESSMENT YEAR BEING

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH: MUMBAI BEFORE SHRI R.S. PADVEKAR, JUDICIAL MEMBER AND SHRI R.K. PANDA, ACCOUNTANT MEMBER ITA NO.1067/MUM/2010 (ASSESSMENT YEAR: 2006-07) ITA NO.2039/MUM/2010 (ASSESSMENT YEAR: 2007-08) M/S. TOLARAM & CO., LAALASIS, PLOT NO.219, 11TH ROAD, CHEMBUR, MUMBAI -400 071 ....... APPELLANT VS DY. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE -31 / CENTRAL RANGE -7, ROOM NO.409, 4TH FLOOR, AAYAKAR BHAVAN, M.K. MARG, MUMBAI -400 020 ..... RESPONDENT ITA NO.2626/MUM/2010 (ASSESSMENT YEAR: 2007-08) DY. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE -31 / CENTRAL RANGE -7, ROOM NO.409, 4TH FLOOR, AAYAKAR BHAVAN, M.K. MARG, MUMBAI -400 020 ....... APPELLANT VS M/S. TOLARAM & CO., LAALASIS, PLOT NO.219, 11TH ROAD, CHEMBUR, MUMBAI -400 071 ..... RESPONDENT PAN : AAAFT 5775 H C O R R I G E N D U M THE ASSESSEE HAS STATED IN HIS APPLICATION DATED 17 .11.2011 THAT THERE ARE MISTAKES IN THE ORDER OF THE TRIBUNA L BEING ITA CORRIGENDUM IN M/S. TOLARAM & CO. ITAS 1067 2039/M/2010 ITA 2626/M/2010 2 NOS.1067, 2039 AND 2626/M/2010 DATED 19.10.2011 AND REQUESTED FOR ISSUING NECESSARY CORRIGENDUM. 1. THE ASSESSEE HAS STATED THAT IN THE PREAMBLE OF THE ORDER, THERE IS NO MENTION OF THE APPEAL OF THE ASSESSEE FOR THE ASSESSMENT YEAR 2007-08 BEING ITA NO.2039/MUM/2010. WE FIND THAT EA CH APPEAL IS DEALT WITH SEPARATELY THOUGH COMMON ORDER IS PASSED AND IN PARA NO. 16; THE APPEAL NUMBER AND ASSESSMENT YEAR IS GIVEN. HENCE, THERE IS NO MISTAKE AS MENTIONED BY THE ASSESSEE IN THE PRE AMBLE. 2. WHILE DECIDING THE APPEAL FOR THE A.Y. 2007-08 B EING ITA NO.2039/MUM/2010 THOUGH THE FINDING ON IDENTICAL GR OUND FOR THE A.Y. 2006-07 IS FOLLOWED BUT IN CONCLUSION THE GROU ND NO.3 HAS BEEN DISMISSED. WE ACCORDINGLY MAKE SMALL MODIFICATION I N PARA NO.21 AS UNDER: 21. WE HAVE HEARD THE PARTIES. THE ISSUE IS IN RES PECT OF ALLOCATION OF THE INDIRECT EXPENSES. WE HAVE ALREA DY DEALT WITH IDENTICAL ISSUE IN THE ASSESSEES APPEAL FOR THE A. Y. 2006-07. IN THIS YEAR ALSO THE LD. CIT (A) HAS RESTORED THE ISS UE TO THE FILE OF THE A.O. WITH THE DIRECTION TO DECIDE THE SAME AFTE R CONSIDERING THE DECISION OF THE TRIBUNAL IN THE ASSESSEES OWN SISTER CONCERN VIZ. M/S. GANGA DEVELOPERS (SUPRA) FOR THE A.Y. 200 1-02. AT THE SAME TIME, WHILE DECIDING IDENTICAL GROUND IN THE A .Y. 2006-07, WE HAVE RESTORED THE GROUND TO THE FILE OF THE A.O. TO LOOK INTO THE GRIEVANCE OF THE ASSESSEE IN RESPECT OF DOUBLE DEDU CTION, IF ANY, AND TO GIVE CONSEQUENTIAL RELIEF. IN THIS YEAR VIZ . A.Y. 2007-08 ALSO WE RESTORE THE ISSUE TO THE FILE OF THE A.O. O N SAME DIRECTIONS AS GIVEN IN A.Y. 2006-05 AND GROUND NO.3 IS ALLOWED FOR THE STATISTICAL PURPOSES. THE ABOVE PARAGRAPH IS TO BE REPLACED IN PLACE OF EXISTING PARA NO.21. ACCORDINGLY CORRIGENDUM IS PASSED. CORRIGENDUM IN M/S. TOLARAM & CO. ITAS 1067 2039/M/2010 ITA 2626/M/2010 3 SD/- ( R.K. PANDA ) ACCOUNTANT MEMBER SD/- ( R.S. PADVEKAR ) JUDICIAL MEMBER MUMBAI, DATED: 24TH FEBRUARY 2012 COPY TO:- 1) THE APPELLANT. 2) THE RESPONDENT. 3) THE CIT (A) -40, MUMBAI. 4) THE CIT, CENTRAL II, MUMBAI. 5) THE D.R. E BENCH, MUMBAI. BY ORDER / / TRUE COPY / / ASSTT. REGISTRAR I.T.A.T., MUMBAI *CHAVAN