DDIT (E) II(1), MUMBAI V. OTTERS CLUB, MUMBAI

ITA 4494/MUM/2010

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 55130 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 3 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-09-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 06-09-2011
• Assessment Year: 2006-2007
• Appeal Filed On: 01-06-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ALEXANDER CHANDY
• Assessee Lawyers: A H DALAL
• Section: 11

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH MUMBAI BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI T.R.SOOD, ACCOUNTANT MEMBER ITA. NO. 4494/MUM/2010 ASSESSMENT YEAR 2006-2007 ITA. NO. 5147/MUM/2010 ASSESSMENT YEAR 2007-2008 DDIT(E)-II(1) MUMBAI. VS. OTTERS CLUB MUMBAI 400 050 PAN AAATO-0013F (APPELLANT) (RESPONDENT) FOR APPELLANT : SHRI ALEXANDER CHANDY, SR.D.R. FOR RESPONDENT : SHRI A.H.DALAL ORDER PER D. MANMOHAN, V.P. 1. THESE TWO APPEALS, FILED AT THE INSTANCE OF THE REVENUE, INVOLVE AN IDENTICAL ISSUE AND HENCE WE PROCEED TO DISPOSE OF THE APPEALS BY COMBINED ORDER FOR THE SAKE OF CONVENIEN CE. WHETHER THE LEARNED CIT(A) WAS JUSTIFIED IN DIRECTING THE ASSES SING OFFICER TO ALLOW EXEMPTION UNDER SECTION 11 OF THE I.T. ACT, 1961 IS THE SUBJECT MATTER OF DISPUTE BEFORE US. 2. AT THE TIME OF HEARING BOTH THE PARTIES ADMITTE D THAT THE ISSUE STANDS SQUARELY COVERED BY VARIOUS DECISIONS OF THE ITAT, MUMBAI BENCH IN ASSESSEES OWN CASE FOR THE EARLIER YEARS WHICH ARE PLACED BEFORE US IN A PAPER BOOK (PAGES 1 TO 23). S INCE THE VIEW TAKEN BY THE LEARNED CIT(A) IS IN CONSONANCE WITH THE VIE W TAKEN BY THE ITAT IN AFORECITED DECISIONS, WE DO NOT FIND ANY INFIRMI TY IN THE ORDERS PASSED BY THE LEARNED CIT(A). AS PRONOUNCED IN THE OPEN COURT, WE HEREBY DISMISS THE APPEALS FILED BY THE REVENUE. SD/- SD/- (T.R.SOOD) (D.MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDENT MUMBAI, DATE 06 TH SEPTEMBER, 2011. VBP/- 2 COPY TO 1. DDIT(E)-II(1), R.NO. 509, PIRAMAL CHAMBERS, LALB AUG, PAREL, MUMBAI-12. 2. OTTERS CLUB, CARTER ROAD, BANDRA (WEST), MUMBAI 400 050 PAN AAATO-0013F 3. CIT(A)-1, MUMBAI 4. CHIEF COMMISSIONER OF INCOME TAX, MUMBAI 5. D.R C BENCH 6. GUARD FILE TRUE COPY BY ORDER ASST. REGISTRAR, ITAT, MUMBAI BENCHES MUMBAI.