CONCEPT INTERNAONAL, MUMBAI V. ACIT 19(2), MUMBAI

ITA 3092/MUM/2010

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 7769 (ITAT-MUMBAI)
• Duration Of Justice: 11 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-03-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2006-2007
• Appeal Filed On: 20-04-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: HARIGOVIND SINGH
• Section: 14A

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH C, MUMBAI BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER AND SHRI VIJAY PAL RAO, JUDICIAL MEMBER. I.T.A. NO. 3092/MUM/2010 ASSESSMEN T YEAR : 2006-07. M/S CONCEPT INTERNATIONAL, ASSTT. COMMISSIONER OF INCOME-TAX, 167, CST ROAD, KALINA, VS. 1 9(2), MUMBAI. SANTACRUZ (WEST), MUMBAI 400 098. PAN AAAFC063B APPELLANT RESPONDENT. APPELLANT BY : NONE. RESPONDENT BY : SHRI HARI GOVIND SINGH. O R D E R PER J. SUDHAKAR REDDY, A.M. : THIS IS AN APPEAL FILED BY THE ASSESSEE DIRECTED A GAINST THE ORDER OF THE CIT(APPEALS)-30, MUMBAI DATED 29-01-2010 ON THE GR OUND THAT THE CIT(APPEALS) ERRED IN CONFIRMING THE DISALLOWANCE OF EXPENDITURE OF RS.2,34,909/- UNDER SECTION 14A OF THE ACT AND RULE 8D OF THE INCOME-TAX RULES, 1962. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE DESPITE SERVICE OF NOTICE BY RPAD. THERE IS NO PETITION SEEKING ADJOURNMENT. UNDER THE SE CIRCUMSTANCES, WE DISPOSE OF THE CASE EXPARTE ON MERITS QUA THE ASSESSEE AFTE R HEARING THE LEARNED DR. 3. HEARD MR. HARI GOVIND SINGH, THE LEARNED DR. THE CIT(APPEALS) IN THIS CASE FOLLOWED THE JUDGMENT OF THE SPECIAL BENCH OF THE TRIBUNAL IN THE CASE OF DAGA CAPITAL. IN VIEW OF THE JUDGMENT OF THE JURISD ICTIONAL HIGH COURT IN THE CASE 2 OF GODREJ BOYCE MANUFACTURING CO. LTD. 328 ITR 81, WE SET ASIDE THE ISSUE TO THE FILE OF THE AO FOR FRESH ADJUDICATION IN ACCORDANCE WITH LAW. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 31 ST MARCH , 2011. SD/- SD/- (VIJAY PAL RAO) (J. SU DHAKAR REDDY) JUDICIAL MEMBER. ACCOUNT ANT MEMBER MUMBAI, DATED: 31ST MARCH, 2011. WAKODE COPY TO : 1. APPELLANT 2. RESPONDENT 3. C.I.T. 4. CIT(A) 5. DR, C-BENCH (TRUE COPY) BY ORDER ASSTT. REGISTR AR, ITAT, MUMBAI.