THE STANDARD BATTERIES LTD, MUMBAI V. ITO 5(3)(3), MUMBAI

ITA 3448/MUM/2015

• Counselvise Citation: 344819914 RSA 2015
• Duration Of Justice: 1 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-07-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 05-06-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: JAVED AKHTER
• Keywords: Business income

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE SHRI R.C. SHARMA , ACCOUNTANT MEMBER ITA NO. 3448 /MUM./ 2015 ( ASSESSMENT YEAR : 20 11 12 ) THE STANDARD BATTERIES LIMITED RUSTOM COURT BUILDING OPP. PODAR HOSPITAL DR. A.B. ROAD, WORLI MUMBAI 400 030 PAN AAACT1391A .. APPELLANT V/S INCOME TAX OFFICER WARD 5(3)(3), AAYAKAR BHAVAN 101, M.K. ROAD, MUMBAI 400 020 .... RESPONDENT ASSESSEE BY : SHRI BHAVIN SHAH A/W MS. MANSI CHITRADA REVENUE BY : SHRI JAVED AKHTER DATE OF HEARING 2 7 .0 7 .2015 DATE OF ORDER 27.07.2015 O R D E R PER R.C. SHARMA , ACCOUNTANT MEMBER TH E PRESENT APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE IMPUGNED ORDER DATED 19 TH MARCH 2015 , PASSED BY THE COMMISSIONER ( APPEALS) 1 0 , MUMBAI, FOR THE ASSESSMENT YEAR 20 11 12 . THE GROUND RAISED BY THE ASSESSEE IS AS UNDER: 1. THE LEARNED CIT(A) ERRED IN CONFIRMING TO ASSESSING OFFICERS ORDER IN DISALLOWING EXPENSES OF ` 45.35 LAKH AND RESTRICTING THE EXPENDITURE INCURRED FOR THE PURPOSE OF B USINESS TO THE TUNE OF THE STANDARD BATTERIES LIMITED 2 ` 2,60,000, BEING 10% OF THE TRADING SALES FOR THE YEAR WITHOUT APPRECIATING THAT THE ENTIRE EXPENDITURE WERE INCURRED FOR THE PURPOSE OF BUSINESS CARRIED ON BY THE APPELLANT. 2. THE LEARNED CIT(A) ERRED IN CONFIRMING THE ASSESSING OFFICERS ACTION IN RESTRICTING THE OTHER EXPENDITURE TO ` 1,86,600 BEING 2% OF OTHER INCOME OF ` 93,40,000. THE LEARNED CIT(A) FURTHER ERRED IN CONFIRMING THE ASSESSING OFFICERS ACTION IN TAXING OTHER INCOME OF ` 93,40,000 UNDER THE HEAD INCOME FROM OTH ER SOURCES AS AGAINST THE APPELLANTS CLAIM OF BUSINESS INCOME. 2. BEFORE ME, DURING THE COURSE OF HEARING, THE LEARNED COUNSEL FOR THE ASSESSEE WAS FAIR ENOUGH TO MAKE A MENTION THAT THE LEARNED CIT(A) HAS DECIDED ALL THESE GROUNDS AGAINST THE ASSESSEE RELYING UPON THE ORDER PASSED BY THE TRIBUNAL IN ASSESSEES OWN CASE FOR THE ASSESSMENT YEAR 2007 08. IT WAS FURTHER CLARIFIED THAT THERE IS NO CHANGE IN FACTS IN THIS IMPUGNED YEAR AS WELL. 3. THE LEARNED DEPARTMENTAL REPRESENTATIVE DUTIFULLY RELIED UPON T HE ORDER PASSED BY THE LEARNED CIT(A). 4. I HAVE HEARD BOTH THE PARTIES AND PERUSED THE MATERIAL AVAILABLE ON RECORD. IT IS SEEN BY ME THAT THE LEARNED CIT(A) HAS DECIDED ALL THE AFORESAID GROUNDS AGAINST THE ASSESSEE BY RELYING UPON THE ORDER PASSED BY THE TRIBUNAL IN ASSESSEES OWN CASE IN ITA NO.5383/MUM./ 2010, ORDER DATED 4 TH APRIL 2012, FOR THE ASSESSMENT YEAR 2007 08, A COPY OF WHICH IS AVAILABLE ON RECORD. THEREFORE, FOLLOWING THE AFORESAID ORDER OF THE TRIBUNAL IN ASSESSEES OWN CASE, THE GROUNDS RA ISED BY THE THE STANDARD BATTERIES LIMITED 3 ASSESSEE ARE ALSO TO BE DECIDED AGAINST THE ASSESSEE AND ACCORDINGLY THESE GROUNDS ARE DISMISSED. 5. IN THE RESULT, ASSESSEES APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT O N 27.7.2015 SD/ - R.C. SHARMA ACCOUNTANT MEMBER MUMBAI, DAT ED : 27.7.2015 COPY OF THE ORDER FORWARDED TO : (1) THE ASSESSEE; (2) THE REVENUE; (3) THE CIT(A); (4) THE CIT, MUMBAI CITY CONCERNED; (5) THE DR, ITAT, MUMBAI; (6) GUARD FILE . TRUE COPY BY ORDER PRADEEP J. CHOWDHURY SR. PRIVATE SECRETARY (DY./ASSTT. REGISTRAR) ITAT, MUMBAI