ACIT 6(3), MUMBAI V. MEGA FREIGHT MOVERS LTD, MUMBAI

ITA 524/MUM/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 3907 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 3 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-05-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 14-10-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 18-01-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRAKASH L PATHADE

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI BEFORE SHRI B.R. BASKARAN (AM) & SHRI AMIT SHUKLA (JM) I.T.A. NO. 524/MUM/2013 (ASSESSMENT YEAR 2009 - 2010) A.C.I.T, CIR - 6(3), MUMBAI. VS. M/S. MEGA FREIGHT MOVERS LTD., 39, MEHTA CHAMBERS, 127 - A, KALYAN STREET, MASJID, MUMBAI - 400009. ( APPELLANT ) .. ( RESPONDENT ) PAN NO.AABCM9984D ASSESSEE BY : SHRI AMIT AGARWAL DEPARTMENT BY : SHRI PRAKASH L. PATHADE DATE OF HEARING : 12.04.2016 DATE OF PRONOUNCEMENT : 04 .05.2016 O R D E R PER B.R. BASKARAN, AM : THE APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DT. 30.10.2012 PASSED BY CIT(A) 12, MUMBAI AND RELATES TO ASSESSMENT YEAR 2009 - 10. THE REVENUE IS AGGRIEVED BY THE DECISION OF CIT( A) IN RESTRICTING THE DISALLOWANCE TO 2% OF 20% OF THE CASH EXPENSES AS AGAINST THE DISALLOWANCE OF 25% OF 20% OF THE CASH EXPENSES MADE BY THE ASSESSING OFFICER. 2. WE HEARD THE PARTIES AND PERUSED THE RECORD. WE NOTICED THAT IDENTICAL DISALLOWANCES H AVE BEEN MADE BY THE ASSESSING OFFICER IN THE 2 M/S. MEGA FREIGHT MOVERS LTD. ITA NO. 524/MUM/2013 ASSESSMENT YEAR 2008 - 09 AS WELL AS IN AY 2010 - 11 AND THE TRIBUNAL HAS UPHELD THE ORDER OF THE LD. CIT(A) IN RESTRICTING THE DISALLOWANCE TO 2% OF 20% OF THE CASH EXPENSES. THE ORDER RELATING TO ASSESSMENT YEAR 2010 - 11 HAS BEEN PASSED BY THE COORDINATE BENCH OF THE TRIBUNAL ON 16.12.2015 IN ITA NO. 5186/MUM/2013. THUS, WE NOTICED THAT THE ORDER PASSED BY THE LD. CIT(A) IS IN LINE WITH THE DECI SION RENDERED BY THE TRIBUNAL, AND ACCORDINGLY WE DO NOT FIND ANY REAS ON TO INTERFERE WITH THE ORDER PASSED BY THE LD. CIT(A) FOR THE YEAR UNDER CONSIDERATION ON THIS ISSUE. 3. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 4 T H MAY, 2016. SD/ - SD/ - (AMIT S HUKLA) (B.R.BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 4 T H MAY, 2016 *SSL* COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI