RELIANCE HOME STORE LTD, NAVI MUMBAI V. ASST CIT CIR 10(3), MUMBAI

ITA 5996/MUM/2011

• Counselvise Citation: [2015] 134 COUNSELVISE.COM (IT) 3028 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 1 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-10-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Next Hearing Date: 24-02-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 26-08-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: F V IRANI
• Keywords: Revenue expenditure
• Section: 37(1)

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI BEFORE SHRI N.K . BILLAIYA, ACCOUNTANT MEMBER AND SHRI AMARJIT SINGH , JUDICIAL MEMBER / I .T.A. NO . 5996/MUM/2011 ( / ASSESSMENT YEAR : 2008 - 09 RELIANCE HOME STORE LTD., BLDG. NO. 4, GROUND FLOOR, WING C RELIANCE CORPN. PARK, THANE BELAPUR ROAD, NAVI MUMBAI - 400 701 / VS. THE ACIT, CIRCLE 10(3), AAYAKAR BHAVAN, MUMBAIA - 400 020 ./ ./ PAN/GIR NO. : AAABCF 1502G ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY: SHRI F.V. IRANI / RESPONDENT BY: SHRI VIVEK ANAND OJHA / DATE OF HEARING : 15 .10. 2015 / DATE OF PRONOUNCEMENT : 15 .10 .2015 / O R D E R PER N.K. BILLAIYA, AM: THIS APPEAL BY THE ASSESSEE IS PREFERRED AGAINST THE ORDER OF THE LD. CIT(A) - 6, MUMBAI D ATED 1.10.2012 PERTAINING TO ASSESSMENT YEAR 2008 - 09. 2. THE SOLE GRIEVANCE OF THE ASSESSEE RELATES TO THE DISALLOWANCE OF CLAIM FOR DEDUCTION U/S. 37(1) IN RESPECT OF REVENUE EXPENDITURE INCURRED DURING THE YEAR AMOUNTING TO RS. 4,08,41,533/ - . ITA. NO. 5996/M/2011 2 3. AT THE VERY OUTSET, THE LD. COUNSEL FOR THE ASSESSEE DREW OUR AT TENTION TO THE DECISION OF THE TRIBUNAL IN THE CASE OF M/S. RELIANCE FOOTPRINT LTD IN ITA NO. 5997/M/2011 DATED 23.10.2012. IT IS THE SAY OF THE LD. COUNSEL THAT THE FACTS IN ISSUE IN THE IMPUGNED APPEAL ARE IDENTICAL TO THE FACTS CONSIDERED BY THE TRIBU NAL IN ITA NO. 5997/M/2011 (SUPRA). THE APPEAL HAS BEEN DECIDED BY THE TRIBUNAL IN FAVOUR OF THE ASSESSEE AND AGAINST THE REVENUE. THE LD. COUNSEL PRAYED THAT ON IDENTICAL SET OF FACTS SIMILAR VIEW SHOULD BE TAKEN. 4. PER CONTRA, THE LD. DEPARTMENTAL REPRESENTATIVE STRONGLY SUPPORTED THE FINDINGS OF THE AO. 5. WE HAVE GIVEN A THOUGHTFUL CONSIDERATION TO THE SUBMISSIONS MADE BY THE RESPECTIVE REPRESENTATIVES AND HAVE CAREFULLY PERUSED THE ORDERS OF THE AUTHORITIES BELOW. WE FIND FORCE IN THE CONTENTI ON OF THE LD. COUNSEL. THE TRIBUNAL IN ITA NO. 5997/M/2011 HAS CONSIDERED IDENTICAL FACTS AND AT PARA - 2.3 OF ITS ORDER, THE TRIBUNAL HAS GIVEN THE REASONING OF THE AO FOR MAKING THE IMPUGNED DISALLOWANCE. WE FIND THAT VERBATIM REASONING HAVE BEEN GIVEN B Y THE AO WHILE MAKING THE DISALLOWANCE IN THE CASE UNDER CONSIDERATION. NOT ONLY THIS, THE REASONING GIVEN BY THE FIRST APPELLATE AUTHORITY IN THE CASE OF M/S. RELIANCE FOOTPRINT LTD (SUPRA) ARE VERBATIM THE REASONING GIVEN BY THE FIRST APPELLATE AUTHORI TY IN THE PRESENT CASE. 5.1. THUS, THE ASSESSMENT ORDER AND THE ORDER OF THE FIRST APPELLATE AUTHORITY IN THE CASE OF M/S. RELIANCE FOOTPRINT LTD (SUPRA) ARE IDENTICAL TO THE ASSESSMENT ORDER AND THE ORDER OF THE FIRST APPELLATE ITA. NO. 5996/M/2011 3 AUTHORITY IN THE CASE IN HAND AND AS NO DISTINGUISHING DECISION HAS BEEN BROUGHT TO OUR NOTICE, RESPECTFULLY FOLLOWING THE DECISION OF THE CO - ORDINATE BENCH IN ITA NO. 5997/M/2011, WE SET ASIDE THE ORDER OF THE LD. CIT(A) AND DIRECT THE AO TO DELETE THE IMPUGNED ADDITION. 6. IN T HE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 15 TH OCTOBER , 2015 SD/ - SD/ - ( AMARJIT SINGH ) (N.K. BILLAIYA) /JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI ; DATED : 15 TH OCTOBER , 2015 . . ./ RJ , SR. PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE . / BY ORDER, //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI