ACIT RG 18(1), MUMBAI V. MARUDHAR FASHIONS, MUMBAI

ITA 3076/MUM/2009

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 7257 (ITAT-MUMBAI)
• Duration Of Justice: 10 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-03-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2005-2006
• Appeal Filed On: 11-05-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: ADJOURNMENT REJECTED

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH I MUMBAI BEFORE SMT. P.MADHAVI DEVI, JM & SHRI RAJENDRA SINGH, AM I.T.A.NO.3076/MUM/2009 - A.Y 2005-06 ASST. COMMISSIONER OF I.T., RANGE 18(1), MUMBAI M/S MARUDHAR FASHIONS, 8, CAMA INDUSTRIAL ESTATE, SUN MILL COMPOUND, LOWER PAREL, MUMBAI 400 013 PAN NO. AAAFM 3463 F (APPELLANT) (RESPONDENT) REVENUE BY : MR. MOHD. USMAN. ASSESSEE BY : ADJOURNMENT REJECTED. O R D E R PER P.MADHAVI DEVI, JM: THIS APPEAL OF THE ASSESSEE IS DIRECTED AGAINST CI T(A)S ORDER DATED 30/01/2009. 2. THE ONLY GRIEVANCE OF THE REVENUE IN THIS APPEAL IS THAT THE CIT(A) HAS ERRED IN DELETING THE DISALLOWANCE OF RS .14,28,170/- DEBITED IN THE PROFIT & LOSS ACCOUNT WHICH WAS PAID IN THE NAME OF PARTNERS BY FOLLOWING THE ORDER OF THE ITAT IN I.T.A.NO.985/M/0 7 DATED 15-1-09 FOR A.Y 2003-04, THOUGH THE SAME HAS NOT BEEN ACCEPTED BY THE DEPARTMENT. 3. AT THE TIME OF HEARING, THE LD.DR THOUGH RELIED UPON THE ORDER OF THE AO, FAIRLY ADMITTED THAT THE ISSUE IS COVERE D IN FAVOUR OF THE ASSESSEE BY THE DECISION OF THE ITAT RELIED UPON BY THE CIT[A]. AS THE ORDER OF THE CIT(A) IS ONLY ON CONSONANCE WITH THE ORDER OF THE TRIBUNAL AND WE DO NOT SEE ANY REASON TO INTERFERE WITH THE SAME. ITA NO.3076 OF 09 2 4. IN THE RESULT, THE REVENUES APPEAL IS DISMISSED . ORDER PRONOUNCED ON THIS 24 TH DAY OF MARCH, 2010. SD/- SD/- (RAJENDRA SINGH) (P.MADHAVI DEVI) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI: 24 TH MARCH, 2010. P/-*