BHALANI BIOMEDICALS PVT LTD. , MUMBAI V. DCIT CC 3 (2) , MUMBAI

ITA 310/MUM/2020

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 1445 (ITAT-MUMBAI)
• Duration Of Justice: 10 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-11-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 10-01-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: T S KHALSA; SUNIL DESHPANDE

Judgement Text

ITA NOS. 310MUM/2020 ASSESSMENT YEARS: 2014 - 15 PAGE 1 OF 2 INCOME TAX APPELLATE TRIBUNAL MUMBAI B BENCH, MUMBAI [CORAM: PRAMOD KUMAR, VICE PRESIDENT, AND, MAHAVIR SINGH, VICE PRESIDENT] ITA NOS. 310 MUM/2020 ASSESSMENT YEARS: 2014 - 15 BHALANI BIOMEDICALS PVT. LTD. .. APPELLANT 225, HINDI RAJASTHAN BUILDING, D S PHALKE ROAD, DADAR EAST MUMBAI 400014 [PAN: AACCB6309E] VS. DEPUTY COMMISSIONER OF INCOME TAX .RESPONDENT CENTRAL CIRCLE 3(2) MUMBAI. APPEARANCES: WITHDRAWAL LETTER DATED 20.10.2020 FOR THE APPELLANT SUNIL DESHPANDE & T.S KHALSA FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING: : NOVEMBER 2 7 TH , 2020 DATE OF PRONOUNCEMENT : NOVEMBER 2 7 TH , 2020 O R D E R PER BENCH : 1. BY WAY OF THIS APPEAL, THE ASSESSEE APPELLANT HAS CALLED INTO QUESTION CORRECTNESS OF THE ORDER DATED 31 ST OCTOBER 2019, PASSED BY THE LEARNED COMMISSIONER (APPEALS) IN THE MATTER OF ASSESSMENT UNDER SECTION143(3)/153A OF THE INCOME TAX ACT, 1961, FOR THE ASSESSMENT YEAR 2014 - 15. 2. GRIEV ANCE OF THE ASSESSEE APPELLANT IS AS FOLLOWS: ON THE FACTS AND CIRCUMSTANCES OF THE CASE, HON'BLE COMMISSIONER OF INCOME TAX APPEAL HAS ERRED IN CONFIRMING ORDER PASSED BY THE LEARNED ASSESSING OFFICER ITA NOS. 310MUM/2020 ASSESSMENT YEARS: 2014 - 15 PAGE 2 OF 2 MAKING DISALLOWANCE OF SALES PROMOTION EXPENSES OF RS .9,12,468 ALLEGED TO HAVE BEEN INCURRED THROUGH M/S. ABCN TRAVEL MANAGEMENT PVT. LTD. (TOTAL SALES PROMOTION EXPENSES DISALLOWANCE FOR THE YEAR MADE IN THE ASSESSMENT ORDER OF RS.61,44,443/ - ) WITHOUT CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE CASE. IT IS TO STATE THAT SAID EXPENSES ARE ERRONEOUSLY REFLECTED IN APPELLANTS LEDGER ACCOUNT IN THE BOOKS OF M/S. ABCN TRAVEL MANAGEMENT PVT. LTD. INSPITE OF FACT THAT PAYMENTS FOR SUCH EXPENSES ARE PAID / INCURRED AND BORNE BY THIRD PARTIES AS APPEARING IN THE L EDGER ACCOUNT. IN VIEW OF THE ABOVE, ADDITION MADE TO THE EXTENT OF RS.9,12,468 NEEDS TO BE DELETED. 2. WHEN THIS APPEAL WAS CALLED OUT FOR HEARING, THE LD. COUNSEL OF THE ASSESSEE SUBMITTED THAT HE HAS FILED THE NECESSARY DECLARATION UNDER DIRECT TAX VI VAD SE VISHWAS ACT, 2020 (ACT 3 OF 2020) AND IS AWAITING FOR FINAL RESOLUTION OF THE MATTER UNDER THE SAID SCHEME. HE SUBMITTED THAT UPON COMPLETION OF THE NECESSARY FORMALITIES, HE WILL WITHDRAW THE APPEAL. IN RESPONSE TO THE SUGGESTION FROM THE BENCH, HE FAIRLY ACCEPTED THAT HE HAS NO OBJECTION TO THE APPEAL BEING DISMISSED AS WITHDRAWN AS LONG AS HIS RIGHT FOR REVIVAL OF THE APPEAL ARE PROTECTED, IN THE EVENT OF, FOR SOME UNFORESEEN REASON, THE MATTER BEING NOT SETTLED UNDER THE VIVAD SE VISHWAS SCHEME. 3. THE LD. DR ALSO DID NOT OBJECT TO DISGRACE SO SUGGESTED. 4. IN VIEW OF THE ABOVE, WE DISMISS THE APPEAL AS WITHDRAWN, SUBJECT TO BE RIDER THAT IN THE UNLIKELY EVENT OF MATTER NOT BEING RESOLVED UNDER THE VIVAD SE VISHWAS SCHEME, THE ASSESSEE SHALL HAVE LIBERTY TO APPROACH THE TRIBUNAL FOR RESTORATION OF HIS APPEAL. 5. IN THE RESULT, THE APPEAL IS DISMISSED AS WITHDRAWN SUBJECT TO THE OBSERVATION ABOVE. PRONOUNCED IN THE OPEN COURT TODAY ON THE 27 TH NOVEMBER , 20 20 . SD/ - SD/ - MAHAVIR SINGH PRAMOD KUMAR (VICE PRESIDENT) (VICE PRESIDENT) MUMBAI, DATED THE TH DAY OF NOVEMBER, 2020 COPIES TO: (1) THE APPLICANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER TRUE COPY ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, MUMBAI