SHREEGOPAL R. PUROHIT, MUMBAI V. ADDL CIT RGT 25(3), MUMBAI

ITA 4313/MUM/2009

• Counselvise Citation: [2010] 135 COUNSELVISE.COM (IT) 3842 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 4 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-11-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Next Hearing Date: 08-11-2010
• Assessment Year: 2006-2007
• Appeal Filed On: 16-07-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A K NAYAK
• Assessee Lawyers: S C TIWARI

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH E, MUMBAI BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER AND SHRI V. DURGA RAO, JUDICIAL MEMBER. I.T.A. NO. 4313/MUM/2009. ASSESSMENT YEAR : 2006-07. SHREEGOPAL R. PUROHIT, ADDL. COMMISSIONER OF INCOME-TAX, C/O M/S R.K. JHUNJHUNWALA & VS. RANGE 25(3), MUMBAI. ASSOCIATES, 151, NARIMAN BHAVAN, NARIMAN POINT, MUMBAI 400 021. PAN AAGPP1987K. APPELLANT. RESPOND ENT. APPELLANT BY : SHRI S.C. TIWARI. RESPONDENT BY : SHRI A.K. NAYAK. O R D E R PER J. SUDHAKAR REDDY, A.M. : THIS IS AN APPEAL FILED BY THE ASSESSEE DIRECTED A GAINST THE ORDER OF THE CIT(APPEALS)-XXV, MUMBAI DATED 18-06-2009 ON THE F OLLOWING GROUND : 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE APPELL ANTS CASE AND IN LAW THE LEARNED CIT(A) HAS ERRED IN CONFIRMING THE DISA LLOWANCE OF RS.4,98,890/- MADE BY THE ASSESSING OFFICER U/S. 14 A(2) READ WITH RULE 8D. 2 2. THE LEARNED ASSESSING OFFICERS ORDER BEING CONTRAR Y TO LAW, EVIDENCE AND FACTS OF THE CASE SHOULD BE SET ASIDE, AMENDED OR MODIFIED IN THE LIGHT OF THE GROUND DEDUCTED ABOVE. 2. WE HAVE HEARD THE RIVAL CONTENTIONS. THE ISSUE IN QUESTION IS NOW COVERED BY THE DECISION OF THE BOMBAY HIGH COURT IN THE CA SE OF GODREJ BOYCE MANUFACTURING CO. LTD. (2010) 234 CTR (BOM.) 1. 3. AS AGREED BY BOTH THE PARTIES, THE ISSUE IS SET ASIDE TO THE FILE OF THE AO FOR FRESH ADJUDICATION IN THE LIGHT OF THE DECISION CIT ED ABOVE. THE AO SHALL GIVE ADEQUATE OPPORTUNITY TO THE ASSESSEE OF BEING HEAR D. 4. IN THE RESULT, THE APPEAL IS ALLOWED FOR STATIST ICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 19 TH NOV. , 2010. SD/- SD/- (V. DURGA RAO) (J. SUDHAKAR REDDY) JUDICIAL MEMBER. ACCO UNTANT MEMBER MUMBAI, DATED: 19 TH NOV., 2010. WAKODE 3 COPY TO : 1. APPELLANT 2. RESPONDENT 3. C.I.T. 4. CIT(A) 5. DR, E-BENCH (TRUE COPY) BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI B ENCHES, M UMBAI.