NAVI MUMBAI SEZ P. LTD, MUMBAI V. ADDL CIT RG 7(1), MUMBAI

ITA 2064/MUM/2013

• Counselvise Citation: 206419914 RSA 2013
• Duration Of Justice: 2 year(s) 3 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-06-2015
• Appeal Filed By: Assessee
• Bench Allotted: B
• Next Hearing Date: 18-12-2014
• Assessment Year: 2009-2010
• Appeal Filed On: 14-03-2013
• Court: TRIBUNAL
• Assessee Lawyers: AGAINST DATED PASSED
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH B MUMBAI. BEFORE SHRI G.S. PANNU, ACCOUNTANT MEMBER AND SHRI SANJAY GARG , JUDICIAL MEMBER ITA NO 2064 /MUM/2013 ASSESSMENT YEAR: - 2009 - 10 NAVI MUMBAI SEZ PRIVATE LTD. 1 ST FLOOR, JAI CENTRE, 34, P D MELLO ROAD, OPP. RED GATE, MAJID, MUMBAI 400 009 PAN: - AACCN0042N VS.` DCIT RANGE 7(1) MUMBAI APPELLANT RESPONDENT ORDER PER G.S. PANNU, AM THIS APPEAL HAS BEEN FILED BY THE ASSESSEE, AGAINST ORDER DATED 28.12.2012 PASSED BY LD. CIT(A) - 13, MUMBAI , WHICH IN - TURN HAS ARISEN FROM ASSESSMENT ORDER U/S 143(3) DATED 25.03.2011 PASSED BY THE ASSESSING OFFICER FOR THE ASSESSMENT YEAR 2009 - 10 ON THE FOLLOWING GROUND: - ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW, THE LEARNED CIT(A) ERRED IN REJECTING THE APPELLANTS CONTENTION THAT THE DISALLOWANCE OF RS. 70,00,172/ - UNDER SECTION 35D OF THE INCOME TAX ACT, 1961 IS BAD IN LAW . ASSESSEE BY SHRI RAMESH JAIN REVENUE BY DR. YOGESH KAMAT DATE OF HEARING 10.06.2015 DATE OF PRONOUNCEMENT 30 .0 6 .2015 2 ITA NO 2064/MUM/2013 ASSESSMENT YEAR: - 2009 - 10 PAGE 2 OF 3 2. AT THE OUTSET, LEARNED COUNSEL SUBMITTED THAT THE PRESENT APPEAL HAS BECOME INFRUCTUOUS IN VIEW OF THE ORDER OF THE TRIBUNAL FOR THE A.Y. 2008 - 09, IN ITA NO.4931/MUM/2013 ORDER DAT ED 22.12.2014, WHEREIN THE EXPENSES AMOUNTING TO RS.3,50,00,858/ - HAS BEEN HELD TO BE ALLOWABLE AS REVENUE EXPENSES AND THEREFORE, THE CLAIM OF U/S 35D DOES NOT SURVIVE. 3. AFTER CONSIDERING THE FACTS OF THE CASE, WE FIND THAT THE ASSESSEE HAD DEBITED SUM OF RS.3,50,00,858/ - UNDER THE HEAD MISCELLANEOUS EXPENDITURE IN THE P& L ACCOUNT IN THE A.Y. 2008 - 09, WHICH WAS ADDED BACK IN THE COMPUTATION OF INCOME AT 1/5 TH OF THE SAME, BEING RS.70,00,172/ - WHICH WAS CLAIMED AS DEDUCTION U./S 35D OF THE ACT. SIMILAR CLAIM OF 1/5 TH HAS BEEN MADE IN THIS YEAR ALSO. SINCE THE TRIBUNAL HAS ALREADY ALLOWED THE ENTIRE EXPENSES IN THE A.Y. 2008 - 09 THEREFORE, THIS CLAIM OF DEDUCTION U/S 35D HAS BECOME INFRUCTUOUS. ACCORDINGLY, THE APPEAL OF THE ASSESSEE I S DISMISSED. 4. IN THE RESULT, THE APPEAL OF THE A SSESSEE IS DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON THIS DAY OF JUNE 2015. ( SANJAY GARG ) (G.S. PANNU) (JUDICIAL MEMBER/ U;KF;D LNL; ) (ACCOUNTANT MEMBER/ YS[KK LNL; ) MUMBAI DATED - 06 - 2015 SKS SR. P.S, 3 ITA NO 2064/MUM/2013 ASSESSMENT YEAR: - 2009 - 10 PAGE 3 OF 3 COPY TO: THE APPELLANT THE RESPONDENT THE CONCERNED CIT(A) THE CONCERNED CIT THE DR, B BENCH, ITAT, MUMBAI BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCHES, MUMBAI