ACIT 11(3), MUMBAI V. RSM & CO, MUMBAI

ITA 2186/MUM/2012

• Counselvise Citation: [2013] 120 COUNSELVISE.COM (IT) 4085 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 3 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-07-2013
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 24-07-2013
• Assessment Year: 2007-2008
• Appeal Filed On: 02-04-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D K SINHA
• Assessee Lawyers: SUNIL M LALA; KEERTHIGA PADMANABHAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH D, MUMBAI BEFORE SHRI R. S. SYAL, ACCOUNTANT MEMBER AND DR. S.T.M. PAVALAN, JUDICIAL MEMBER ITA NO. 2186/MUM/2012 ASSESSMENT YEAR: 2007-08 ACIT 11(3) MUMBAI VS. RSM & CO AMBIT RSM HOUSE, 449, SENAPATI BAPAT MARG, LOWER PAREL, MUMBAI-400 013 PAN: AAAFR 9528 A (APPELLANT) (RESPONDENT) REVENUE BY : SHRI D.K. SINHA ASSESSEE BY : SHRI SUNIL M. LALA & MS. KEERTHIGA PADMANABHAN DATE OF HEARING : 24.07.2013 DATE OF PRONOUNCEMENT : 31.07.2013 O R D E R PER DR. S.T.M. PAVALAN, JM: THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAIN ST THE ORDER OF THE LD.CIT (A)-2, MUMBAI DATED 03.01.2012 FOR THE ASSESSMENT Y EAR 2007-08. 2. THE SOLITARY ISSUE ARISING OUT OF THE GROUNDS OF APPEAL RAISED BY THE REVENUE RELATE TO THE LD.CIT(A) DELETING THE ADDITION OF RS .1,06,85,710/- MADE BY THE AO ON ACCOUNT OF DISALLOWANCE OF PAYMENTS TO RETIRED PART NERS. 3. AT THE OUTSET, IT HAS BEEN POINTED OUT THAT THIS ISSUE IS COVERED IN FAVOUR OF THE ASSESSEE IN ITS OWN CASE BY THE ORDER OF THE IT AT IN ITA NO. 3269/MUM/2007 DATED 12.10.2009 FOR THE ASSESSMENT YEAR 2004-05 WH ICH IN TURN HAS BEEN FOLLOWED BY THE LD.CIT(A) FOR DELETING THE IMPUGNED DISALLOW ANCE/ADDITION MADE BY THE AO DURING THE YEAR UNDER CONSIDERATION. THE ITAT IN TH E AFOREMENTIONED ORDER HAS HELD THAT THE RETIREMENT BENEFIT PAID IN TERMS OF THE CO NTRACTUAL OBLIGATION CANNOT BE INCLUDED IN THE TOTAL INCOME OF THE ASSESSEE FIRM A S TO THE EXTENT THAT THE INCOME ITA NO. 2186/MUM/2012 RSM & CO ASSESSMENT YEAR: 2007-08 2 HAS NEVER REACHED IN THE HANDS OF THE ASSESSEE AND THEREBY ALLOWED THE CLAIM OF THE ASSESSEE. IN VIEW OF THE FACT THAT NO DIFFERENCE IN FACTS HAVE BEEN BROUGHT BY THE REVENUE AS REGARDS THE FACTS ON THE SIMILAR ISSUE I N THE PRESENT APPEAL AND IN THE ABSENCE OF ANY APPEAL BEFORE THE HIGH COURT AGAINST THE ORDER OF THE ITAT, WE DO NOT FIND ANY JUSTIFIABLE REASON TO INTERFERE WITH T HE DECISION OF THE LD.CIT(A) DELETING THE IMPUGNED ADDITION/DISALLOWANCE MADE BY THE AO F OLLOWING THE SAID ORDER OF THE ITAT. 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON THIS 31 ST DAY OF JULY, 2013. SD/- SD/- (R. S. SYAL) (DR. S.T.M. PAVALAN) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED: 31.07.2013. *SRIVASTAVA COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT (A) CONCERNED, MUMBAI THE DR D BENCH //TRUE COPY// BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.