ACIT 17(3), MUMBAI V. SHAHZAD LOOKMAN QADIR, MUMBAI

ITA 5321/MUM/2009

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 8248 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-03-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 08-03-2011
• Assessment Year: 2006-2007
• Appeal Filed On: 16-09-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D SONGATE SHRI M SUBRAMANIAN
• Assessee Lawyers: CULLA BRIDGE MUMBAI PAN AAAPQD

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES E, MUMBAI BEFORE SHRI R.S.SYAL, AM AND SHRI VIJAY PAL RAO, JM ITA NO.5321/MUM/2009 : ASST.YEAR 2006-2007 THE DY.COMMISSIONER OF INCOME-TAX CIRCLE 17(3) MUMBAI. VS. SHRI SHAHZAD LOOKMAN QADIR C/O.PRESTO INDUSTRIES, YUSUF MANZIL GROUND FLOOR, 314 SIR J.J.ROAD BYCULLA BRIDGE, MUMBAI-400 008 PAN :AAAPQ1396D. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI D.SONGATE RESPONDENT BY : SHRI M.SUBRAMANIAN O R D E R PER R.S.SYAL, AM : THIS APPEAL BY THE REVENUE ARISES OUT OF THE ORDER PASSED BY THE CIT(A) ON 27.07.2009 IN RELATION TO ASSESSMENT YEAR 2006-2007 . 2. THE ONLY ISSUE RAISED IN THIS APPEAL IS AGAINST THE DELETION OF ADDITION OF RS.4,09,079 WHICH WAS CLAIMED AS EXEMPT U/S.10A AND FOR WHICH THE A.O. MADE SEPARATE ADDITION U/S.69C. 3. AT THE VERY OUTSET THE LEARNED COUNSEL FOR THE A SSESSEE CONTENDED THAT SIMILAR ADDITION WAS MADE BY THE ASSESSING OFFICER IN THE I MMEDIATELY PRECEDING YEAR I.E. 2005-2006 AND THE TRIBUNAL VIDE ITS ORDER DATED 11. 01.2010 IN ITA NO.4206/MUM/ 2008 HAS UPHELD THE DELETION OF ADDITION BY THE LEA RNED CIT(A). COPY OF THE SAID ORDER WAS PLACED ON RECORD. THE LEARNED DEPARTMENTA L REPRESENTATIVE FAIRLY CONCEDED THAT THE FACTS AND CIRCUMSTANCES OF THE YE AR IN QUESTION ARE SIMILAR TO THOSE ALREADY CONSIDERED AND DECIDED BY THE TRIBUNA L IN THE IMMEDIATELY PRECEDING YEAR. ITA NO.5321/MUM/2009 SHRI SHAHZAD LOOKMAN QADIR. 2 4. FROM PARA NO. 15 OF THE IMPUGNED ORDER IT I S NOTED THAT THE LD. FIRST APPELLATE AUTHORITY HAS SPECIFICALLY REFERRED TO HIS DECISION IN A.Y. 2005-06 ON THIS ISSUE, WHILE DELETING THE ADDITION. SINCE IT HAS BEEN AD MITTED BY BOTH THE SIDES THAT THE FACTS AND CIRCUMSTANCES OF THE INSTANT YEAR ARE MUT ATIS MUTANDIS SIMILAR TO THOSE OF THE PRECEDING YEAR, ALREADY DECIDED BY THE TRIBUNA L, RESPECTFULLY FOLLOWING THE PRECEDENT, WE UPHOLD THE IMPUGNED ORDER ON THIS SCO RE. 5. IN THE RESULT, THE APPEAL IS DISMISSED. ORDER PRONOUNCED ON THIS 11 TH DAY OF MARCH, 2011 . SD/- SD/- (VIJAY PAL RAO) (R.S.SYAL) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI : 11 TH MARCH, 2011. DEVDAS* COPY TO : 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT CONCERNED 4. THE CIT(A) XXVII, MUMBAI. 5. THE DR/ITAT, MUMBAI. 6. GUARD FILE. TRUE COPY. BY ORDER ASSISTANT REGISTRAR, ITAT, MUMBAI.