M/s. ACIT, New Delhi V. M/s. Apollo International Ltd., New Delhi

ITA 5643/DEL/2011

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 65985 (ITAT-DELHI)
• Duration Of Justice: 11 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-11-2012
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 20-11-2012
• Assessment Year: 2007-2008
• Appeal Filed On: 15-12-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MRS ANURADHA MISRA
• Assessee Lawyers: M K GIRI
• Section: 14A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH A : NEW DELHI) SHRI U.B.S. BEDI, JUDICIAL MEMBER AND BEFORE SHRI B.C. MEENA, ACCOUNTANT MEMBER ITA NO.5643/DEL./2011 (ASSESSMENT YEAR : 2007-08) ACIT, CIRCLE 2, VS. M/S. APOLLO INTERNATIONAL LT D., NEW DELHI. OFFICE NO.303, 3 RD FLOOR, DLF COURT YARD, SAKET, NEW DELHI 110 017. (PAN : AAACA6447N) (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI M.K. GIRI, ADVOCATE REVENUE BY : MRS. ANURADHA MISRA, CIT DR O R D E R PER B.C. MEENA, ACCOUNTANT MEMBER : THIS APPEAL FILED BY THE REVENUE EMANATES FROM THE ORDER OF CIT (APPEALS)-V, NEW DELHI DATED 21.10.2011 FOR THE ASSESSMENT YEAR 2007 -08. THE GROUNDS OF APPEAL READ AS UNDER :- 1. THE LD. CIT (A) HAS ERRED IN RESTRICTING THE DI SALLOWANCE UNDER SECTION 14A TO RS.12,30,312/- AS AGAINST THE DISALL OWANCE OF RS.21,56,507/- COMPUTED BY THE A.O. 2. THE APPELLANT CRAVES LEAVE FOR RESERVING THE RIG HT TO AMEND, MODIFY, ALTER, ADD OR FOREGO ANY GROUND (S) OF APPEAL AT AN Y TIME BEFORE OR DURING THE HEARING OF THIS APPEAL. 2. THE ASSESSEE COMPANY IS ENGAGED IN THE BUSINESS OF EXPORT OF AUTOMOBILE TYRES, TUBES, LEATHER GARMENTS, LEATHER ACCESSORIES, ETC. THE RETURN WAS FILED ON 23.10.2007. THE ITA NO.5643/DEL./2011 2 ASSESSING OFFICER MADE THE ADDITION OF RS.21,56,507 /- U/S 14A OF THE INCOME-TAX ACT, 1961 BY APPLYING THE RULE 8D OF INCOME-TAX RULES, 1 962. 3. AT THE OUTSET OF THE HEARING, THE LD. AR SUBMITT ED THAT THIS ISSUE IS COVERED BY THE DECISION OF ITAT, DELHI BENCH A IN ASSESSEES OWN CASE IN ITA NO.1228/DEL/2010 FOR THE ASSESSMENT YEAR 2005-06 WHEREIN THE ITAT HAS RE STORED THE ISSUE TO THE FILE OF THE ASSESSING OFFICER IN VIEW OF THE DECISION OF HON'BL E MUMBAI HIGH COURT IN THE CASE OF GODREJ & BOYCE VS. DCIT REPORTED IN 328 ITR 81 (MUM .). HE PLEADED THAT FOR THIS YEAR ALSO, THE ISSUE MAY BE RESTORED TO THE FILE OF THE ASSESSING OFFICER FOR WORKING OUT THE DISALLOWANCE IN VIEW OF THE VARIOUS DECISIONS ON TH IS ISSUE INCLUDING THE AFORESAID DECISION OF HON'BLE MUMBAI HIGH COURT AND HON'BLE DELHI HIGH COURT IN THE CASE OF MAXOPP INVESTMENTS LTD. & ORS. VS. CIT REPORTED IN 2011-TI OL-753-HIGH COURT-DEL-IT. 4. AFTER HEARING, WE FIND IT APPROPRIATE TO RESTORE THE ISSUE TO THE FILE OF THE ASSESSING OFFICER TO BE DECIDED DE NOVO IN ACCORDANCE WITH TH E DECISION OF HON'BLE JURISDICTIONAL HIGH COURT. WE ORDER ACCORDINGLY. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS ALLO WED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN OPEN COURT ON THIS 30 TH DAY OF NOVEMBER, 2012. SD/- SD/- (U.B.S. BEDI) (B.C. MEENA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED THE 30 TH NOVEMBER, 2012 TS COPY FORWARDED TO: 1.APPELLANT 2.RESPONDENT 3.CIT 4.CIT(A)-V, NEW DELHI. 5.CIT(ITAT), NEW DELHI. AR, ITAT NEW DELHI.