THE WEST COAST PAPER MILLS LTD, MUMBAI V. DCIT CIR 1(3), MUMBAI

ITA 3836/MUM/2010

• Counselvise Citation: 383619914 RSA 2010
• Duration Of Justice: 1 year(s) 5 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-10-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Next Hearing Date: 03-10-2011
• Assessment Year: 1997-1998
• Appeal Filed On: 12-05-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: BASANT KAMAT
• Section: 45(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH G, MUMBAI BEFORE SHRI N.V. VASUDEVAN, J.M. AND J. SUDHAKAR RE DDY, A.M. ITA NO. 3836/MUM/2010 ASSESSMENT YEAR : 1997-98 THE WEST COAST PAPER MILLS LTD., APPELLANT SHREENIWAS HOUSE, HAZARIMAL SOMANI MARG, FORT, MUMBAI 400 001. VS. DY. COMMISSIONER OF INCOME-TAX- 1(3), RESPONDENT RANGE 1(3), AAYAKAR BHAVAN, M.K. ROAD, MUMBAI 400 020/ APPELLANT BY : MR. BASANT KAMAT RESPONDENT BY : MR. PAVAN VED DATE OF HEARING : 03/10/2011 DATE OF PRONOUNCEMENT : 14/10 /2011 ORDER PER J. SUDHAKAR REDDY, A.M.: THIS APPEAL FILED BY THE ASSESSEE ARE DIRECTED AGA INST THE ORDER OF CIT(A)-1, MUMBAI, DATED 26/02/2010 FOR THE ASSES SMENT YEAR 1997-98. 2. FACTS IN BRIEF ARE THAT THE FIRST APPELLATE AUTH ORITY IN THIS CASE HAS DISMISSED THE APPEAL OF THE ASSESSEE ON THE GRO UND THAT FORM NO. 35 WAS NOT THOROUGHLY VERIFIED BY THE MANAGING DIRE CTOR OF THE ASSESSEE COMPANY AS REQUIRED BY RULE 45(2) OF THE IT RULES, READ WITH SECTION 140 (C) OF THE INCOME TAX ACT, 1961. 3. BOTH THE PARTIES SUBMITTED THAT SIMILAR CAME UP BEFORE THE MUMBAI BENCHES OF TRIBUNAL IN ASSESSEES OWN CASE F OR AY 2006-07 IN ITA NO. 1165/MUM/2010, G BENCH ORDER DATED 8 TH OCTOBER, 2010 ITA NO. 3836/MUM/10 THE WEST COAST PAPER MILLS LTD. 2 AND IN ITA NO. 2177/MUM/2010 FOR AY 2001-02 ORDER D ATED 14 TH JANUARY, 2011 WHEREIN THE TRIBUNAL SET ASIDE THE IS SUE TO THE REVENUE AUTHORITIES FOR FRESH ADJUDICATION ON MERITS. WE F ALLOW THESE ORDERS. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSES. PRONOUNCED IN THE OPEN COURT ON THIS 14 TH DAY OF OCTOBER, 2011. SD/- SD/- (N.V. VASUDEVAN) (J. SUDHAKAR REDDY) JUDICIAL MEMBER ACCOUNT ANT MEMBER MUMBAI, DATED: 14 TH OCTOBER, 2011 COPY TO:- 1) THE APPELLANT. 2) THE RESPONDENT. 3) THE CIT (A) CONCERNED. 4) THE CIT CONCERNED. 5) THE DEPARTMENTAL REPRESENTATIVE, G BENCH, I.T .A.T., MUMBAI. BY ORDER //TRUE COPY// ASST. REGISTRAR, I.T.A.T., MUMBAI.