PEACEFORT CHEM- IND ENGG. P.LTD, MUMBAI V. ACIT 10(3), MUMBAI

ITA 470/MUM/2010

• Counselvise Citation: [2010] 135 COUNSELVISE.COM (IT) 4627 (ITAT-MUMBAI)
• Duration Of Justice: 8 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-09-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2006-2007
• Appeal Filed On: 19-01-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P N DEVDASAN
• Keywords: Opportunity of being heard
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES C, MUMBAI BEFORE SHRI R.S. SYAL, A.M. AND SHRI V.D. RAO, J.M . I.T.A. NO.470/M/2010 ASSESSMENT YEAR : 2006-07 PEACEFORT CHEM-IND ENGG. P.LTD. 104, SUMER KENDRA, PANDURANG BUDHKAR MARG, WORLI, MUMBAI PAN : AABCP7161P ACIT 10(3) AAYAKAR BHAVAN, 4 TH FLOOR, M.K. ROAD, MUMBAI (APPELLANT) VS. (RESPONDENT) APPELLANT BY: SHRI JITENDRA JAIN RESPONDENT BY: SHRI P .N. DEVDASAN ORDER PER V.D. RAO (J.M) : 1. THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED A GAINST THE ORDER DATED 19/11/2009 OF CIT(APPEALS)-22, MUMBAI. 2. AT THE TIME OF HEARING, BOTH THE PARTIES AGREED THAT THE ISSUE INVOLVED IN THIS APPEAL STANDS COVERED BY THE HONB LE JURISDICTIONAL HIGH COURT IN CASE OF GODREJ BOYCE MANUFACTURING CO. LTD. (201 0) 234 CTR (BOM) 1 VS. ACIT VIDE JUDGEMENT DATED 12 TH AUGUST, 2010. WE HEARD BOTH THE SIDES AND GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW. W E FIND THAT THE ISSUE 2 INVOLVED IN THIS APPEAL IS COVERED BY THE DECISION OF THE HONBLE BOMBAY HIGH COURT IN GODREJ BOYCE MANUFACTURING CO. LTD. (SUPRA ). IN VIEW OF THE ABOVE, THE ISSUE IS REMITTED BACK TO THE FILE OF THE A.O. TO DECIDE THE ISSUE AFRESH IN THE LINE OF THE ABOVE JUDGEMENT OF THE HONBLE JURISDI CTIONAL HIGH COURT, AFTER PROVIDING ADEQUATE OPPORTUNITY OF BEING HEARD TO TH E ASSESSEE. IN THE RESULT, APPEAL FILED Y THE ASSESSEE IS ALLOW ED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED ON THIS 30TH DAY OF SEPTEMBER, 201 0. SD/- SD/- ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DT: 30 TH SEPTEMBER, 2010. COPY FORWARDED TO : 1. THE APPELLANT, 2. THE RESPONDENT, 3. THE C.I.T. 4. CIT (A) 5. THE DR, C - BENCH, ITAT, MUMBAI //TRUE COPY// BY ORDER ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI ROSHANI