MAHALAXMI ENGINEERING CO. P.LTD, MUMBAI V. ACIT 6(3), MUMBAI

ITA 5670/MUM/2014

• Counselvise Citation: [2017] 126 COUNSELVISE.COM (IT) 8295 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 2 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-11-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 13-03-2017
• Assessment Year: 2009-2010
• Appeal Filed On: 09-09-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUMAN KUMARSR
• Assessee Lawyers: S C TIWARI MS RUTUJA PAWAR

Judgement Text

, INCOME-TAX APPELLATE TRIBUNAL -BBENCH MUMBAI . . . . . . . . , , , BEFORE S/SHRI B.R. BASKARAN, ACCOUNTANT MEMBER AND RAMLAL NEGI, JUDICIAL MEMBER ./ I.T.A./5670/MUM/2014 , / ASSESSMENT YEAR: 2009-10 M/S. MAHALAXMI ENGG. CO. PVT.LTD. MAHALXMI ENGG. ESTATE, L.J.CROSS ROAD, MAHIM (W) MUMBAI-400 016. PAN:AAACM 5986 C VS. INCOME TAX OFFICER - 30(1)(4) MUMBAI. ( / APPELLANT ) ( / RESPONDENT ) REVENUE BY: SHRI SUMAN KUMAR-SR. DR ASSESSEE BY: SHRI S.C. TIWARI/MS. RUTUJA PAWAR / DATE OF HEARING: 28/11/2017 / DATE OF PRONOUNCEMENT:28/11/2017 , 1961 254(1) ORDER U/S.254(1)OF THE INCOME-TAX ACT,1961(ACT) , . . . . . . . . / PER B.R. BASKARAN, AM - THE APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER DATED 10-07-2014 PASSED BY LD CIT(A)-12, MUMBAI AND IT RE LATES TO THE ASSESSMENT YEAR 2009-10. THE ASSESSEE IS AGGRIEVED BY THE DECISION OF LD CIT(A) IN CONFIRMING THE ASSESSMENT OF RECEIPTS PER TAINING TO MAINTENANCE CHARGES AS INCOME FROM HOUSE PROPERTY AND THEREBY R EJECTING THE CLAIM OF VARIOUS EXPENSES. 2. THE ASSESSEE HAS RENTED OUT A BUILDING. IT D ECLARED RENTAL INCOME OF RS.44.29 LAKHS, RECEIPTS PERTAINING TO MAINTENANCE CHARGES OF RS.1,10,04,000/- AND RECEIPTS RELATING TO ANTENNA C HARGES OF RS.7,82,852/-. THE ASSESSEE DECLARED THE RENTAL RECEIPTS UNDER THE HEAD INCOME FROM HOUSE PROPERTY AND DECLARED OTHER TWO RECEIPTS AS INCOME FROM OTHER SOURCES. THE ASSESSEE ALSO CLAIMED VARIOUS EXPENSES AGAINST THE INCOME DECLARED UNDER THE HEAD INCOME FROM OTHER SOURCES. THE AO TOOK TH E VIEW THAT THE ASSESSEE HAS SPLIT THE RENTAL INCOME INTO TWO CATEG ORIES AND ACCORDINGLY ASSESSED THE RECEIPTS PERTAINING TO MAINTENANCE CHA RGES ALSO UNDER THE HEAD INCOME FROM HOUSE PROPERTY. IN THIS PROCESS, HE ALSO DISALLOWED CLAIM 5670/M/14 M/S. MAHALAXMI ENGINEERING CO.PVT.LTD. 2 OF VARIOUS EXPENSES. THE LD CIT(A) ALSO CONFIRMED THE SAME AND HENCE THE ASSESSEE HAS FILED THIS APPEAL. 3. THE LD A.R SUBMITTED THAT AN IDENTICAL VIEW W AS TAKEN BY THE AO IN ASSESSMENT YEARS 2006-07 AND 2007-08, BUT THE SAME WAS REVERSED BY THE LD CIT(A). THE DECISION OF LD CIT(A) WAS CHALLENGE D BEFORE THE TRIBUNAL BY THE REVENUE AND THE TRIBUNAL, VIDE ITS ORDER DATED 18-12-2015 PASSED IN ITA NO.5930/M/2010 & OTHERS, HAS UPHELD THE VIEW TAKEN BY LD CIT(A). ON THE CONTRARY, THE LD D.R SUBMITTED THAT THE TRIBUNAL HA S CONFIRMED THE ORDER PASSED BY LD CIT(A) ONLY ON THE REASONING THAT THE FINDINGS GIVEN BY LD CIT(A) IN THOSE YEARS WERE NOT CONTROVERTED BY LD D .R. HE SUBMITTED THAT THE LD CIT(A) HAS POINTED OUT IN THIS YEAR THAT THE ASSESSEE HAS FAILED TO FURNISH SEPARATE AGREEMENTS AND DID NOT PROVIDE THE DETAILS OF SERVICES PROVIDED. 4. IN THE REJOINDER, THE LD A.R SUBMITTED THAT T HE MATTERS MAY BE RESTORED TO THE FILE OF THE AO FOR EXAMINING THEM AFRESH IN THE LIGHT OF DECISION RENDERED BY THE TRIBUNAL IN THE EARLIER YEARS, REFE RRED SUPRA. THE LD D.R ALSO AGREED TO THE SAME. 5. ACCORDINGLY, WE SET ASIDE THE ORDER PASSED BY LD CIT(A) AND RESTORE ALL THE ISSUES TO THE FILE OF THE ASSESSING OFFICER FOR EXAMINING THEM AFRESH. THE ASSESSEE IS ALSO DIRECTED TO FURNISH ALL THE DETAIL S BEFORE THE AO TO SUPPORT ITS CONTENTIONS. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 28 TH NOVEMBER, 2017. SD/- SD/- ( / RAM LAL NEGI ) ( / B.R. BASKARAN ) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; /DATED : 28.11.2017. JV.SR.PS. / COPY OF THE ORDER FORWARDED TO : 1. APPELLANT / 2. RESPONDENT / 5670/M/14 M/S. MAHALAXMI ENGINEERING CO.PVT.LTD. 3 3. THE CONCERNED CIT(A)/ , 4. THE CONCERNED CIT / 5. DR B BENCH, ITAT, MUMBAI / , , . . . 6. GUARD FILE/ //TRUE COPY// / BY ORDER, / DY./ASST. REGISTRAR , /ITAT, MUMBAI.