DCIT 5(2), MUMBAI V. [PENINSULA FACILITY MANAGEMENT SERVICES LTD, MUMBAI

ITA 4119/MUM/2013

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 83663 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 3 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-09-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2009-2010
• Appeal Filed On: 22-05-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SAMBIT MISHRA
• Assessee Lawyers: RONAK G DOSHI

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL C B ENCH, MUMBAI , , ! '#$ , % & BEFORE SHRI VIJAY PAL RAO, JUDICIAL MEMBER AND SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER ./I .T.A. NO.4119/MUM/2013 ( ' ' ' ' / ASSESSMENT YEAR : 2009-10 THE DCIT 5(2), AAYAKAR BHAVAN, MUMBAI-400 020 / VS. M/S. PENINSULA FACILITY MANAGEMENT SERVICES LTD., PENINSULA SPENTA, 2 ND FLOOR, MATHURADAS MILL COMPOUND, SENAPATI BAPAT MARG, LOWER PAREL, MUMBAI-400 013 ( % ./ ) ./ PAN/GIR NO. : AAACJ 5680L ( (* / APPELLANT ) .. ( +,(* / RESPONDENT ) (* - / APPELLANT BY: SHRI SAMBIT MISHRA +,(* . - / RESPONDENT BY: SHRI RONAK G. DOSHI . /0% / DATE OF HEARING :02.09.2014 12' . /0% / DATE OF PRONOUNCEMENT :02.09.2014 3 / O R D E R PER N.K. BILLAIYA, AM: THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE LD. CIT(A)-9, MUMBAI DT.8.3.2013 PERTAINING TO A.Y.2009 -10. ITA NO. 4119/M/2013 2 2. THE SOLE GRIEVANCE OF THE REVENUE IS THAT THE LD . CIT(A) ERRED IN DIRECTING THE AO TO ALLOW INTEREST OF RS. 1,07,16,5 50/-. 3. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE STATED THAT THIS ISSUE HAS BEEN DECIDED IN FAVOUR OF THE ASSESSEE BY THE TRIBUNAL IN ASSESSEES OWN CASE FOR A.YRS. 2007-08 AND 2008-09 IN ITA NOS. 2243 & 6129/M/2011. 4. THE LD. DEPARTMENTAL REPRESENTATIVE FAIRLY CONCE DED TO THIS. 5. WE HAVE CAREFULLY PERUSED THE ORDER OF THE TRIB UNAL IN ITA NOS. 2243 & 6129/M/11. AT PARA-8 OF ITS ORDER, THE TRIB UNAL HAS DIRECTED THE AO TO ALLOW THE INTEREST. WE FIND THAT THE LD. CIT (A) HAS FOLLOWED THIS ORDER OF THE TRIBUNAL WHILE GIVING RELIEF TO THE AS SESSEE. AS NO DISTINGUISHING FACT HAS BEEN BROUGHT ON RECORD BEFO RE US, WE DO NOT FIND ANY REASON TO INTERFERE WITH THE FINDINGS OF THE LD . CIT(A) WHO HAS FOLLOWED THE FINDINGS OF THE TRIBUNAL IN ASSESSEES OWN CASE FOR EARLIER ASSESSMENT YEARS. 6. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF H EARING ON 02.09.2014. SD/- SD/- (VIJAY PAL RAO ) (N.K. BILLAIYA) / JUDICIAL MEMBER % / ACCOUNTANT MEMBER MUMBAI; 4 DATED : 2 ND SEPTEMBER, 2014 . . ./ RJ , SR. PS ITA NO. 4119/M/2013 3 3 3 3 3 . .. . +/ +/ +/ +/ 5 '/ 5 '/ 5 '/ 5 '/ / COPY OF THE ORDER FORWARDED TO : 1. (* / THE APPELLANT 2. +,(* / THE RESPONDENT. 3. 6 ( ) / THE CIT(A)- 4. 6 / CIT 5. 78 +/ , , / DR, ITAT, MUMBAI 6. 89 : / GUARD FILE. 3 3 3 3 / BY ORDER, ,/ +/ //TRUE COPY// ; ;; ; / < < < < (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI