PALLONJI & CO. P, LTD, MUMBAI V. ITO WD 2(2)(3), MUMBAI

ITA 3843/MUM/2009

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 1395 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-07-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2004-2005
• Appeal Filed On: 12-06-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P N DEVADASAN
• Assessee Lawyers: K K VED; K J PATEL
• Section: 43B

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES C : MUMBAI BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND RAJENDR A SINGH, A.M. ITA. NO. 3843/MUM/2009 ASSESSMENT YEAR 2004-2005 M. PALLONJI & CO. PVT. LTD. MUMBAI 400 001 PAN AAACM-3525-B VS. ITO, WARD 2 (2) (3) AAYAKAR BHAVAN, MAHARSHI KARVE MARG, MUMBAI 400 020. (APPELLANT) (RESPONDENT) FOR APPELLANT : S/SHRI KK. VED & K.J. PATEL FOR RESPONDENT : SHRI P.N. DEVADASAN ORDER PER D. MANMOHAN, V.P. 1. THIS APPEAL IS FILED AT THE INSTANCE OF THE ASS ESSEE-COMPANY. AS COULD BE NOTICED FROM THE GROUNDS FILED BEFORE T HE CIT(A), VIDE GROUND NO.3 ASSESSEE CHALLENGED DISALLOWANCE MADE UNDER S ECTION 43B OF THE ACT. HOWEVER, BY OVERSIGHT LEARNED CIT(A) DID NOT D ECIDE THE AFOREMENTIONED GROUND AND THUS, ASSESSEE PREFERRED AN APPEAL BEFORE US. 2. IT WAS SUBMITTED THAT THE MATTER DESERVES TO BE SET ASIDE TO THE FILE OF THE CIT(A) WITH A DIRECTION TO CONSIDER THE SPECIFIC GROUND URGED BEFORE HIM. IT WAS ALSO SUBMITTED THAT EVEN O N MERITS DISALLOWANCE IS NOT MAINTAINABLE. 3. HAVING REGARD TO THE SUBMISSIONS OF THE LEARNED COUNSEL, APPEARING ON BEHALF OF THE ASSESSEE AS WELL AS LEAR NED DR IN THIS REGARD, WE ARE OF THE VIEW THAT THE MATTER DESERVES TO BE S ET ASIDE TO THE FILE OF THE CIT(A). AS PRONOUNCED IN THE OPEN COURT, WE DIR ECT THE CIT(A) TO CONSIDER THE PLEA OF THE ASSESSEE WITH REGARD TO CO RRECTNESS OF THE DISALLOWANCE MADE BY THE ASSESSING OFFICER UNDER SE CTION 43B OF THE ACT. NEEDLESS TO OBSERVE THAT THE ASSESSEE IS AT LIBERTY TO FURNISH EVIDENCE, IF 2 ANY, TO PROVE THAT THE PAYMENTS WERE NOT HIT BY SEC TION 43B AND/OTHERWISE PAYMENTS ARE MADE WITHIN THE DUE DATE PERMISSIBLE UNDER THE ACT. WITH THESE OBSERVATIONS, APPEAL FILE D BY THE ASSESSEE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ACCORDINGLY. SD/- SD/- (RAJENDRA SINGH) (D.MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDENT MUMBAI, DATE 06 TH JULY, 2010. VBP/- COPY TO 1. M. PALLONJI & CO. PVT. LTD. C/O. TAJ PRINTING WO RKS, 46/A, CAWASJI PATEL STREET, FORT, MUMBAI 400 001 PAN AAACM-3525-B 2. ITO, WARD 2 (2) (3), AAYAKAR BHAVAN, MAHARSHI KA RVE MARG, MUMBAI 400 020. 3. CIT (A)-II, MUMBAI 020. 4. CIT, CITY-II, MUMBAI. 5. D.R. C BENCH 6. GUARD FILE. (TRUE COPY) BY ORDER ASST. REGISTRAR, ITAT, MUMBAI BENCHES MUMBAI.