DCIT 3(2), MUMBAI V. PRITHVI PRAKASHAN P.LTD, MUMBAI

ITA 4927/MUM/2012

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 75228 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-01-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 01-01-2014
• Assessment Year: 2008-2009
• Appeal Filed On: 31-07-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PARMINDAR
• Assessee Lawyers: RISHIKESH OJHA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH C, MUMBAI BEFORE SHRI SANJAY ARORA ACCOUNTANT MEMBER AND DR. S.T.M. PAVALAN, JUDICIAL MEMBER ITA NO. 4927/MUM/2012 ASSESSMENT YEAR: 2008-09 DCIT 3(2) ROOM NO. 674, 6 TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD MUMBAI-400 020 VS. M/S. PRITHVI PRAKASHAN PVT. LTD. 189, SANE GURJI MARG CHINCHPOKALI MUMBAI-400 011 PAN:AAACP 5814 A (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI RISHIKESH OJHA REVENUE BY : SMT. PARMINDAR DATE OF HEARING : 01.01.2014 DATE OF PRONOUNCEMENT : 01.01.2014 O R D E R PER DR. S.T.M. PAVALAN, JM: THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINS T THE ORDER OF THE LD. CIT(A)-4, MUMBAI DATED 22.05.2012 FOR THE ASSESSMENT YEAR 200 8-09. 2. IN THIS APPEAL, THE REVENUE HAS AGITATED THE ACT ION OF THE LD. CIT(A) IN DELETING THE DISALLOWANCE OF ` 31,23,640/- BEING 50% OF ` 62,47,280/- MADE BY THE AO U/S 40A(2) OF THE ACT ON ACCOUNT OF THE PAYMENT MADE TO THE SISTER CONCER N FOR PURCHASE OF KALDARSHIKA CALENDARS. THE BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE P AID ` 62,47,280/- ON ACCOUNT OF PURCHASE OF KALDARSHIKA CALENDARS TO A SISTER CONCERN M/S. ME DIA WORLD ENTERPRISES AND IN THE ASSESSMENT FRAMED, THE A.O. MADE DISALLOWANCE OF 50% OF THE PU RCHASE PRICE U/S. 40A(2)(B) OF I.T. ACT ON THE BASIS THAT SIMILAR DISALLOWANCES WERE MADE IN E ARLIER YEARS. ON APPEAL, THE LD. CIT(A), BY RELYING ON HIS ORDER IN THE ASSESSEES OWN CASE FOR THE AY 2005-06 AND 06-07 DELETED THE DECISION SINCE THE ADDITION MADE ON THE SAME REASON S IN THE EARLIER YEARS HAD BEEN DELETED BY THE TRIBUNAL. THE LD.AR HAS ALSO POINTED OUT THAT T HE TRIBUNAL HAS CONFIRMED THE DELETION OF A SIMILAR DISALLOWANCE/ADDITION FOR THE YEAR 2007-08 IN THE ASSESSEES OWN CASE. IN THE ABSENCE OF ANY CONTRADICTORY FACTS BROUGHT ON RECORD BY THE RE VENUE FOR THE YEAR UNDER CONSIDERATION, WE ITA NO. 4927/MUM/2012 M/S. PRITHVI PRAKASHAN PVT. LTD. ASSESSMENT YEAR: 2008-09 2 DO NOT FIND ANY JUSTIFIABLE REASON TO INTERFERE WIT H THE ORDER OF THE LD.CIT(A) IN DELETING THE IMPUGNED DISALLOWANCE/ADDITION FOLLOWING THE AFOREM ENTIONED ORDERS OF THE TRIBUNAL ON THE SIMILAR ISSUE IN THE ASSESSEES OWN CASE. 3. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 1 ST DAY OF JANUARY, 2014 SD/- SD/- (SANJAY ARORA) (DR. S.T.M. PAVALAN) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED: 01.01.2014 *SRIVASTAVA COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT(A) CONCERNED, MUMBAI THE DR C BENCH //TRUE COPY// BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.