ITO14(3)(3), MUMBAI V. MADHUKANT P. JAIN, MUMBAI

ITA 3792/MUM/2010

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 55207 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 3 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-09-2011
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 05-09-2011
• Assessment Year: 1994-1995
• Appeal Filed On: 11-05-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PARMINDER

Judgement Text

IN THE INCOME TAX APPELLATE TRIB UNAL MUMBAI BENCHES B, MUMBAI BEFORE SHRI R.S.SYAL, AM AND SHRI VIJAY PAL RAO, JM ITA NO.3792/MUM/2010 : ASST.YEAR1994-1995 THE INCOME TAX OFFICER WARD 14(3)(3) MUMBAI. VS. SHRI MADHUKANT P.JAIN 17 CHAMOA GALLY, 2 ND FLOOR MUMBAI 400 002. PAN :AABPJ2596D. (APPELLANT) (RESPONDENT) APPELLANT BY : SMT.PARMINDER RESPONDENT BY : --- NONE --- DATE OF HEARING : 05.09.2011 DATE OF PRONOUNCEMENT :09.09.2011 O R D E R PER R.S.SYAL, AM : THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER PASSED BY THE COMMISSIONER OF INCOME-TAX (APPEALS) ON 22.02.2010 IN RELATION TO THE ASSESSMENT YEAR 1994-1995. 2. THE ONLY ISSUE RAISED BY THE REVENUE THROUGH VAR IOUS GROUNDS IS AGAINST COMPUTATION OF DEDUCTION U/S.80HHC ON THE AMOUNT OF DEPB. 3. WE HAVE HEARD THE LEARNED DEPARTMENTAL REPRESENT ATIVE AND PERUSED THE RELEVANT MATERIAL ON RECORD. THERE IS NO APPEARANCE FROM THE SIDE OF THE ASSESSEE DESPITE NOTICE. WE FIND THAT THIS ISSUE IS COVERED IN FAVOUR OF THE REVENUE BY THE DECISION OF THE HONBLE JURISDICTIONAL HIGH COURT I N CIT VS. KALPATARU COLOURS & CHEMICALS [(2010) 192 TAXMAN 435 (BOM)]. RESPECTFULLY FOLLOWING THE SAME WE OVERTURN THE IMPUGNED ORDER ON THIS ISSUE AND RESTO RE THE ACTION OF THE A.O. 4. IN THE RESULT, THE APPEAL IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 09 TH DAY OF SEPTEMBER, 2011. SD/- SD/- (VIJAY PAL RAO) (R.S.SYAL) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI : 09 TH SEPTEMBER, 2011. DEVDAS*` ITA NO.3792/MUM/2010 SHRI MADHUKANT P.JAIN. 2 COPY TO : 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT CONCERNED 4. THE CIT(A) - XXV, MUMBAI. 5. THE DR/ITAT, MUMBAI. 6. GUARD FILE. TRUE COPY. BY ORDER ASSISTANT REGISTRAR, ITAT, MUMBAI.