Appeal details
Counselvise Citation
[2017] 126 COUNSELVISE.COM (IT) 8022 (ITAT-MUMBAI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
2 year(s) 24 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
20-12-2017
Appeal Filed By
Assessee
Order Result
Allowed
Bench Allotted
Not Allotted
Assessment Year
2010-2011
Appeal Filed On
26-11-2015
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH E , MUMBAI BEFORE SHRI G.S. PANNU, HON'BLE ACCOUNTANT MEMBER AND SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER ITA.NO. 5436 /MUM/201 5 (A.Y: 201 0 - 11 ) TASHI DELEK GAMING SOLUTIONS PRIVATE LIMITED 613 A WING, KOHINOOR CITY, OPP. L.B.S. ROAD , VIDHYAVIHAR (W) MUMBAI 400 070 PAN NO: AABCT 4526 C V. DEPUTY COMMISSIONER OF INCOME TAX - CIRCLE 7( 3 ) ROOM NO.615, 6 TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI - 400 020 (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI JAY BHANSALI REVENUE BY : SHRI V . JUSTIN DATE OF HEARING : 07 .12. 2017 DATE OF PRONOUNCEMENT : 20 .12 .2017 O R D E R PER C. N. PRASAD (JM) 1. THIS APPEAL IS FILED BY THE ASSESSEE AGAINST T HE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) 14 , MUMBAI DATED 30.09.2015 FOR THE ASSESSMENT YEAR 2010 - 11. THE ASSESSEE IN ITS APPEAL AGITATED THE ORDER OF THE LD.CIT(A) IN UPHOLDING THE ADVANCE OF .28 ,00,820/ - WRITTEN OFF AND CLAIMED AS D EDUCTION U/S. 37(1) OF THE ACT. 2. LEARNED COUNSEL FOR THE ASSESSEE, AT THE OUTSET SUBMITS THAT OUT OF THESE ADVANCE OF .28,00,820/ - AN AMOUNT OF .18 ,00,000/ - WAS PAID AS BETTING TAX TO KARNATAKA STATE GOVERNMENT AND THE REMAINING 2 ITA.NO.5436/MUM/2015 (A.Y: 2010 - 11) TASHI DELEK GAMING SOLUTIONS PRIVATE LIMITED .10 ,00,820/ - W AS INCURRED TOWARDS EXPENSES ON BEHALF OF ITS SISTER CONCERN I.E. BRIGGS TRADING CO. PVT. LTD. LEARNED COUNSEL FOR THE ASSESSEE SUBMITS THAT THE ADVANCE BETTING TAX PAID TO THE KARNATAKA STATE GOVERNMENT A ND EXPENSES ON BEHALF OF THE SISTER CONCERN BRIGGS TRADING CO. PVT. LTD W AS INCURRED IN THE COURSE OF ASSESSEES BUSINESS OF ONLINE LOTTERY. LEARNED COUNSEL FOR THE ASSESSEE SUBMITS THAT ADVANCE BETTING TAX WAS PAID TO THE KARNATAKA STATE GOVERNMENT WHEN THE STATE GOVERNMENT ALLOWED TO CONDUCT LOTTERY BUSINESS IN THE STATE . H E SUBMITS THAT SUBSEQUENTLY THE STAT E GOVERNMENT BANNED THE LOTTERY BUSINESS IN THE STATE AND THEREFORE THE ADVANCE BETTING TAX PAID TO THE KARNATAKA STATE GOVERNMENT WAS WRITTEN OFF AS BUSINESS LOSS. HE FURTHER SUBMITS THAT ASSESSE INCURRED EXPENSES ON B EHALF OF ITS SISTERS CONCERN IN THE COURSE OF BUSINESS AND THE SISTER CONCERN SUBSEQUENTLY DENIED THE LIABILITY AND THEREFORE WRITTEN OF F AS BUSINESS LOSS. LEARNED COUNSEL FOR THE ASSESSEE REFERRING TO SERIAL NO S . 4 TO 6 OF THE PAPER BOOK WHICH ARE THE L EDGER ACCOUNT OF THE BRIGGS TRADING CO. PVT. LTD FROM 01 ST APRIL 2005 TO 31 ST MARCH, 2010, LEDGER ACCOUNT OF THE ASSESSEE IN THE BOOKS OF BRIGGS TRADING CO. PVT. LTD FROM 01 ST APRIL 2005 TO 31 ST MARCH, 2010 AND THE LETTER DATED 02.04.2007 TO A.C.C.T (TRANSITION) - 13, BANGALORE SUBMITS THAT THESE DOCUMENTS ARE VITAL AND GO TO THE ROOT OF THE MATTER FOR APPRECIATING THE CLAIM OF THE ASSESSEE, THEREFORE, HE PLEADED THAT THE ADDITIONAL 3 ITA.NO.5436/MUM/2015 (A.Y: 2010 - 11) TASHI DELEK GAMING SOLUTIONS PRIVATE LIMITED EVIDENCE S BE ADMITTED AND THE MATTER MAY BE RESTORED TO THE FILE OF ASSESSING OFFICER FOR CONSIDERING THE CLAIM AFRESH. 3. LD.DR HAS NO SERIOUS OBJECTIONS IN ADMIT TING THE ADDITIONAL EVIDENCES AND RESTORING THE ISSUE TO THE FILE OF THE ASSESSING OFFICER FOR EXAMINATION. 4. WE HAVE HEARD THE SUBMISSIONS, PERUSED THE OR DERS OF THE AUTHORITIES BELOW. SINCE A DDITIONAL EVIDENCES FURNISHED BY THE ASSESSEE REFERRED TO ABOVE GO TO THE ROOT OF THE MATTER THEY ARE ADMITTED AND THE MATTER IS RESTORED TO THE FILE ASSESSING OFFICER FOR ADJUDICATING THE ISSUE AFRESH IN ACCORDANCE WITH LAW TAKING INTO ACCOUNT THE ADDITIONAL EVIDENCES INTO CONSIDERATION , AFTER PROVIDING ADEQUATE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCE D IN THE OPEN COURT ON THE 20 TH DECEMBER , 2017. SD/ - SD/ - ( G.S. PANNU ) (C.N. PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI / DATED 20 / 12 / 2017 GIRIDHAR , SPS 4 ITA.NO.5436/MUM/2015 (A.Y: 2010 - 11) TASHI DELEK GAMING SOLUTIONS PRIVATE LIMITED COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY// BY ORDER, (ASSTT. REGISTRAR) ITAT, MUM BAI
