POWER HORSE INDIA P.LTD, MUMBAI V. ITO 1(2)(4), MUMBAI

ITA 540/MUM/2013

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 93028 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 5 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-06-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 23-06-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 18-01-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, MUMBAI BEFORE S/SHRI B.R.BASKARAN (AM) AND AMIT SHUKLA, (JM) . . , , ./ I.T. A. NO. 540 / MUM/20 1 3 ( / ASSESSMENT YEAR : 20 09 - 10 ) POWER HORSE INDIA PRIVATE LIMITED, BALLARD HOUSE, 2 ND FLOOR, ADI MARZBAN ROAD, BALLARD PIER, FORT, MUMBAI - 400001 / VS. INCOME TAX OFFICER 1(1)(4), AAYAK A R BHAV AN , M K ROAD , MUMBAI - 400020. ( / APPELLANT ) .. ( / RESPONDENT ) ./ ./PAN/GIR NO. : AADCP9699J / APPELLANT BY NONE / RSPONDENT BY SHRI DURGA DUTT / DATE OF HEARING : 2 3 . 6 . 201 5 / DATE OF PRONOUNCEMENT : 23 . 6 . 201 5 / O R D E R PER B.R. BASKARAN (AM) THE ASSESSEE HAS FILED THIS APPEAL CHALLENGING THE ORDER DATED 31.10.2012 PASSED BY LD CIT(A) - 2, MUMBA I FOR ASSESSMENT YEAR 2009 - 10 ON THE FOLLOWING ISSUES: - ( A ) DISALLOWANCE OF MARKETING EXPENSES. ( B ) DISALLOWANCE OF BUSINESS PROMOTION EXPENSES. 2. THOUGH THE NOTICE OF HEARING WAS SENT TO THE ASSESSEE BY REGISTERED POST ON THE EARLIER OCCASIONS, NONE APPEA RED ON BEHALF OF THE ASSESSEE AND HENCE WE PROCEED TO DISPOSE OF THE APPEAL EX - PARTE, WITHOUT THE PRESENCE OF THE ASSESSEE. ITA NO. 540 / MUM/20 1 3 2 3. WE HEARD LD D.R AND PERUSED THE RECORD. WE HAVE GONE THROUGH THE ORDER PASSED BY LD CIT(A) ON THE ABOVE SAID ISSUES. WE NOT ICE THAT THE ASSESSEE DID NOT FILE ANY DOCUMENT BEFORE US TO CONTRADICT THE FINDINGS GIVEN BY THE FIRST APPELLATE AUTHORITY. UNDER THESE SET OF FACTS, WE DO NOT FIND ANY INFIRMITY IN THE ORDER PASSED BY LD CIT(A) ON ALL THE ISSUES REFERRED ABOVE. ACCORDI NGLY, WE CONFIRM HIS ORDER. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. PRONOUNCED ACCORDINGLY ON 23 RD JUNE, 2015. 23RD JUNE , 2015 SD SD ( / AMIT SHUKLA ) ( . . / B.R. BASKARAN) / JU DICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI: 23RD JUNE ,2015 . . . ./ SRL , SR. PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - CONCERNED 4. / CIT CONCERNED 5. , , / DR, ITAT, MUMBAI CONCERNED 6. / GUARD FILE. / BY ORDER, TRUE COPY (ASSTT. REGISTRAR) , /ITAT, MUMBAI