MANJUSHREE ENGG. EXPORTS P.LTD, MUMBAI V. ITO WD 9(2)(2), MUMBAI

ITA 4412/MUM/2013

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 93065 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-06-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 26-03-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 03-06-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: S G DANDWATE
• Section: 154

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES B, MUMBAI , , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, AND SHRI RAJENDRA, ACCOUNTANT MEMBER ITA NO.4412/MUM/2013 ASSESSMENT YEAR: 2007-08 M/S MANJUSHREE ENG. EXPORTS PVT. LTD. BLOCK C-9, GANESH NIWAS CHS., NR. GANESH TALKIES, THANE (W)-400601 / VS. ITO, WARD-9(2)(3), MUMBAI ( ! ' /ASSESSEE) ( # / REVENUE) P.A. NO. AAACM4494R ! ' / ASSESSEE BY SHRI S.G. DANDWATE # / REVENUE BY SHRI YOGESH KAMAT-DR $ #% & ' ' / DATE OF HEARING : 29/06/2015 & ' ' / DATE OF ORDER: 24/07/2015 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) THE ASSESSEE IS AGGRIEVED BY THE IMPUGNED ORDER DA TED 04/03/2013 OF THE LD. FIRST APPELLATE AUTHORITY, MU MBAI. MANJUSHREE ENG. EXPORTS PVT. LTD. ITA NO.4412/MUM/2013 2 2. DURING HEARING OF THIS APPEAL, THE LD. COUNSEL FOR THE ASSESSEE, SHRI S.G. DANDWATE, CONTENDED THAT TH E LD. FIRST APPELLATE AUTHORITY ERRED IN CONFIRMING THE O RDER PASSED U/S 154 OF THE ACT, WITHOUT APPRECIATING THE FACTS AND EXPLANATION OF THE ASSESSEE AND FURTHER ERRED I N REJECTING THE CONFIRMATION OF GAMON INDIA LTD. THAT THE WORK DONE DURING THE YEAR AMOUNTING TO RS. 9,93,752 /- WAS NOT CONSIDERED IN PROPER PERSPECTIVE. THE LD. COUNSEL INVITED OUR ATTENTION TO THE PAGES 26 & 27 OF THE P APERBOOK CONTAINING STATEMENT OF SALES RECONCILIATION WITH T DS CERTIFICATE ISSUED BY GAMON INDIA LTD. ON THE OTHER HAND, THE LD. DR, DR. YOGESH KAMAT, THOUGH DEFENDED THE CONCLUSION ARRIVED AT IN THE IMPUGNED ORDER BUT DID NOT CONTROVERT THE ASSERTION MADE BY THE LD. COUNSEL FO R THE ASSESSEE. 2.1. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. THE FACTS , IN BRIEF, ARE THAT THE ASSESSEE IS A PRIVATE LIMITED C OMPANY. THE ASSESSEE GOT A SUB-CONTRACT FROM GAMON INDIA LT D. IN JANUARY 2001 FOR A WORK OF REFURBISHMENT, INSTALLAT ION AND COMMISSIONING OF MECHANICAL AND ELECTRICAL WORK. T HE ASSESSEE RAISED BILLS ON THE BASIS OF WORK SO DONE AND SUCH BILLS WERE SUBMITTED TO GAMON INDIA LTD. GAMON INDI A LTD. SANCTIONED THE BILLS SUBMITTED BY THE ASSESSEE AND DEDUCTED CERTAIN DEDUCTIONS FROM THE BILLS OF THE A SSESSEE AND MADE NET PAYMENTS. IN THIS YEAR, GAMON INDIA L TD. MADE PAYMENT OF RETENTION MONEY INCLUSIVE OF CURREN T SALES BILL. WE NOTE THAT THE ASSESSING OFFICER DID NOT MANJUSHREE ENG. EXPORTS PVT. LTD. ITA NO.4412/MUM/2013 3 EXAMINE THE CLAIM OF THE ASSESSEE IN PROPER PROSPEC TIVE WHICH NEEDS REEXAMINATION. THUS, THIS APPEAL IS REMANDED BACK TO THE FILE OF THE LD. ASSESSING OFFI CER TO EXAMINE THE CLAIM OF THE ASSESSEE AFRESH AND DECIDE IN ACCORDANCE WITH LAW. THE ASSESSEE IS FREE TO FURNIS H DOCUMENTS/EVIDENCES, IF ANY, IN SUPPORT OF ITS CLAI M FOR EXAMINATION BEFORE THE LD. ASSESSING OFFICER. THE A PPEAL OF THE ASSESSEE IS, THEREFORE, ALLOWED FOR STATISTICAL PURPOSES. FINALLY, THE APPEAL OF THE ASSESSEE ALLOWED FOR STATISTICAL PURPOSES. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. REPRESENTATIVES FROM BOTH SIDES AT THE CONCLUSION OF THE HEARING ON 29/06/2015. SD/ - (RAJENDRA) SD/ - (JOGINDER SINGH) '# / ACCOUNTANT MEMBER $# / JUDICIAL MEMBER $ % MUMBAI; ( DATED : 24/07/2015 F{X~{T? P.S/. . . %$&'()(*& / COPY OF THE ORDER FORWARDED TO : 1. *+,- / THE APPELLANT 2. ./,- / THE RESPONDENT. 3. 0 0 $ 1' ( *+ ) / THE CIT, MUMBAI. 4. 0 0 $ 1' / CIT(A)- , MUMBAI 5. 3#4 .' , 0 *+' * 5 , $ % / DR, ITAT, MUMBAI 6. 6 7% / GUARD FILE. / BY ORDER, /3+' .' //TRUE COPY// / (DY./ASSTT. REGISTRAR) , $ % / ITAT, MUMBAI