DCIT 1(1), MUMBAI V. CANNON INDUSTRIES P. LTD, MUMBAI

ITA 4218/MUM/2009

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 2389 (ITAT-MUMBAI)
• Duration Of Justice: 8 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-04-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Next Hearing Date: 01-04-2010
• Assessment Year: 2001-2002
• Appeal Filed On: 09-07-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIRENDRA OJHA
• Assessee Lawyers: S P GOYAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES F, MUMBAI BEFORE SHRI R.S.SYAL, AM AND SMT.ASHA VIJAYARAGHAVAN , JM ITA NO.4218/MUM/2009 : ASST.YEAR 2001-2002 THE DY.COMMISSIONER OF INCOME-TAX CIRCLE 1(1) MUMBAI. VS. M/S.CANNON INDUSTRIES PRIVATE LIMITED 109, CHURCHGATE CHAMBERS 5, NEW MARINE LINES MUMBAI 400 020. PA NO.AAACC2189D. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI VIRENDRA OJHA RESPONDENT BY : SHRI S.P.GOYAL O R D E R PER R.S.SYAL, AM : THIS APPEAL BY THE REVENUE ARISES OUT OF THE ORDER PASSED BY THE LEARNED COMMISSIONER OF INCOME-TAX (APPEALS) ON 11.5.2009 I N RELATION TO THE ASSESSMENT YEAR 2001-2002. 2. THE ONLY ISSUE RAISED IN THIS APPEAL IS AGAINST THE DIRECTION OF THE LEARNED CIT(A) THAT BROKERAGE AND COMMISSION EXPENSES BE NO T CONSIDERED AS DIRECT COST FOR COMPUTING DEDUCTION U/S.80HHC. 3. AT THE VERY OUTSET, SHRI S.P.GOYAL, REPRESENTING THE ASSESSEE IN PERSON PLACED ON RECORD A COPY OF THE ORDER PASSED BY THE TRIBUNA L IN ITS OWN CASE FOR ASSESSMENT YEAR 1998-99 IN ITA NO. 3713/M/2004 DATED 01.04.200 8 IN WHICH SIMILAR ISSUE WAS RAISED AND DECIDED BY THE TRIBUNAL IN ASSESSEE S FAVOUR. THE LEARNED DEPARTMENTAL REPRESENTATIVE, AFTER PERUSAL OF THE S AID ORDER, FAIRLY CONCEDED THAT THE ISSUE WAS COVERED IN FAVOUR OF THE ASSESSEE. IN VIEW OF THE RIVAL BUT COMMON SUBMISSIONS WE APPROVE THE VIEW TAKEN BY THE LEARNE D CIT(A) ON THIS ISSUE. ITA NO.4218/MUM/2009 M/S.CANNON INDUSTRIES PRIVATE LIMITED. 2 4. IN THE RESULT, THE APPEAL IS DISMISSED. ORDER PRONOUNCED ON THIS 6 TH DAY OF APRIL 2010. SD/- SD/- ( ASHA VIJAYARAGHAVAN ) ( R.S.SYAL ) JUDICIAL MEMBER ACCOUNTANT M EMBER MUMBAI : 6 TH APRIL, 2010. DEVDAS* COPY TO : 1. THE APPELLANT. 2. THE RESPONDENTS. 3. THE CIT CONCERNED 4. THE CIT(A) - I, MUMBAI. 5. THE DR/ITAT, MUMBAI. 6. GUARD FILE. TRUE COPY. BY ORDER ASSISTANT REGISTRAR, ITAT, MUMBAI.