ACIT 20(2), MUMBAI V. OASIS INTERNAITONAL, MUMBAI

ITA 307/MUM/2016

• Counselvise Citation: [2017] 126 COUNSELVISE.COM (IT) 8625 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-11-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2012-2013
• Appeal Filed On: 19-01-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, C MUMBAI , , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, AND SHRI RAJESH KUMAR, ACCOUNTANT MEMBER ITA NO.307/MUM/2016 ASSESSMENT YEAR: 2012-13 ACIT-20(2), ROOM NO.217, 02 ND FLOOR, PIRAMAL CHAMBERS, LALBAUG, PAREL, MUMBAI-400012 / VS. M/S OASIS INTERNATIONAL 12-G, 02 ND FLOOR, WOOL HOUSE, 222, MOULANA AZAD ROAD, MUMBAI-400008 ( / REVENUE) ( !' # /ASSESSEE) PAN. NO. AABF0998F C.O. NO.194/MUM/2017 (ARISING OUT OF ITA NO.307/MUM/2016) ASSESSMENT YEAR: 2012-13 M/S OASIS INTERNATIONAL 12-G, 02 ND FLOOR, WOOL HOUSE, 222, MOULANA AZAD ROAD, MUMBAI-400008 / VS. ACIT-20(2), ROOM NO.217, 02 ND FLOOR, PIRAMAL CHAMBERS, LALBAUG, PAREL, MUMBAI-400012 ( !' # /ASSESSEE) ( / REVENUE) PAN. NO. AABF0998F ITA NO. 307/MUM/2016 & C.O. NO.194/MUM/2017 M/S OASIS INTERNATINAL 2 $ % # & / DATE OF HEARING : 02/11/2017 % # & / DATE OF ORDER: 02/11/2017 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) THE REVENUE IS IN APPEAL, CHALLENGING THE IMPUGNED ORDER DATED 15/10/2015 OF THE LD. FIRST APPELLATE A UTHORITY, MUMBAI, WHEREAS, THE ASSESSEE HAS PREFERRED CROSS OBJECTIONS. 2. DURING HEARING, THE LD. DR, SHRI RAJAT MITTAL, DEFENDED THE ADDITION MADE BY THE ASSESSING OFFICER , WHEREAS, THE LD. COUNSEL FOR THE ASSESSEE DEFENDED THE IMPUGNED ORDER. 2.1. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. THE FACTS , IN BRIEF, ARE THAT THE ASSESSEE IS A PARTNERSHIP FIRM, ENGAGE D IN THE BUSINESS OF MANUFACTURING AND EXPORT OF READYMADE GARMENTS. THE LD. ASSESSING OFFICER WHILE FRAMING T HE ASSESSMENT MADE DISALLOWANCE OF COMMISSION EXPENSES OF ! / REVENUE BY SHRI RAJAT MITTAL-DR !' # ! / ASSESSEE BY SHRI PRAVIN R. RAIYANI ITA NO. 307/MUM/2016 & C.O. NO.194/MUM/2017 M/S OASIS INTERNATINAL 3 RS.33,03,914/- WITH RESPECT TO SOME PAYABLE TO FORE IGN AGENTS ON EXPORT SALES OF THE ASSESSEE IN GULF COUN TRIES. THE LD. COMMISSIONER OF INCOME TAX (APPEAL) CONSIDERING THE DECISION FOR ASSESSMENT YEAR 2010-11, DELETED THE A DDITION. THE REVENUE IS AGGRIEVED AND IS IN APPEAL BEFORE TH IS TRIBUNAL. WE FIND THAT THE ORDER OF THE LD. COMMISS IONER OF INCOME TAX (APPEAL) WAS CHALLENGED BEFORE THIS TRIB UNAL BY THE REVENUE, WHEREIN, VIDE ORDER DATED 01/04/2016 ( ITA NO.3960/MUM/2014), ON TAX EFFECT, THE APPEAL OF THE REVENUE WAS DISMISSED. HOWEVER, NO CONTRARY FACTS W ERE BROUGHT TO OUR NOTICE BY THE REVENUE. THE LD. ASSE SSING OFFICER HAS NOT DOUBTED THE AUTHENTICITY AND THE GE NUINENESS OF THE PAYABILITY OF THE COMMISSION AND MERELY MADE THE DISALLOWANCE ON THE PLEA THAT CONFIRMATION, SUBMITT ED BY THE ASSESSEE CANNOT BE VERIFIED SINCE THE PARTIES ARE L OCATED OUTSIDE. THE GENUINENESS OF THE DOCUMENT IS NOT IN DOUBTED, THEREFORE, WE FIND NO INFIRMITY IN THE CONCLUSION O F THE LD. COMMISSIONER OF INCOME TAX (APPEAL), RESULTANTLY, T HE APPEAL OF THE REVENUE IS DISMISSED. ITA NO. 307/MUM/2016 & C.O. NO.194/MUM/2017 M/S OASIS INTERNATINAL 4 3. SO FAR AS, THE CROSS OBJECTION NO. 194/MUM/2017 IS CONCERNED, THIS WAS NOT PRESSED BY THE LD. COUNS EL FOR THE ASSESSEE, THEREFORE, DISMISSED AS NOT PRESSED. FINALLY, THE APPEAL OF THE REVENUE AS WELL AS THE C ROSS OBJECTION OF THE ASSESSEE IS DISMISSED. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN TH E PRESENCE OF THE LD. REPRESENTATIVE FROM BOTH SIDES AT THE CONCLUSION OF THE HEARING ON 02/11/2017. SD/- SD/- ( RAJESH KUMAR ) (JOGINDER SINGH) '!# / ACCOUNTANT MEMBER $!# /JUDICIAL MEMBER $ MUMBAI; ( DATED : 02/11/2017 F{X~{T? P.S / /. .. %$&'()(*& / COPY OF THE ORDER FORWARDED TO : 1. *+,- / THE APPELLANT (RESPECTIVE ASSESSEE) 2. ./,- / THE ASSESSEE. 3. 0 0 1# ( *+ ) / THE CIT, MUMBAI. 4. 0 0 1# / CIT(A)- , MUMBAI, 5. 34 .# , 0 *+& * 5 , $ / DR, ITAT, MUMBAI 6. 6! 7$ / GUARD FILE. ! / BY ORDER, /3+# .# //TRUE COPY// /! (DY./ASSTT. REGISTRAR) , $ / ITAT, MUMBAI