RUTTONSHA INTERNATIONAL RECTIFIER LTD., MUMBAI V. DY CIT 13 (3)(1), MUMBAI

ITA 6078/MUM/2019

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 5132 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 8 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-06-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2015-2016
• Appeal Filed On: 24-09-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Set aside

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, MUMBAI BEFORE SHRI ABY T. VARKEY, HON'BLE JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, HON'BLE ACCOUNTANT MEMBER ITA NO. 6078/MUM/2019 (A.Y. 2015-16) Ruttonsha International Rectifier Limited 139/141, B-Wing, 1 st Floor Solaris Building No.1 Saki Vihar Road, Powai Andheri (W), Mumbai – 400072 PAN: AAACR2816E v. DCIT – 13(3)(1) Room No. 229, 2nd Floor Aayakar Bhavan, M.K. Road Mumbai - 400020 (Appellant) (Respondent) Assessee by : None Department by : Shri M.P. Ahuja Date of Hearing : 24.05.2022 Date of Pronouncement : 21.06.2022 O R D E R PER S. RIFAUR RAHMAN (AM) 1. This appeal is filed by the assessee against order of Learned Commissioner of Income Tax (Appeals)-21, Mumbai [hereinafter in short “Ld.CIT(A)”] dated 28.06.2019 for the A.Y. 2015-16. 2. At the time of hearing, it is brought to our notice that the Assessing Officer has disallowed the brought forward losses for the A.Y. 2014-15 and during this assessment year i.e A.Y. 2015-16, and the same was sustained by Ld.CIT(A). It is brought to our notice that the appeal was 2 ITA NO. 6078/MUM/2019 (A.Y. 2015-16) Ruttonsha International Rectifier Limited filed by the assessee for the A.Y. 2014-15 and the Coordinate Bench has set aside the order back to the file of the Assessing Officer to redo the assessment afresh. Since the order giving effect order is yet to be passed by the Assessing Officer and now the appeal under consideration A.Y.2015-16 is depends upon the outcome of the re-assessment for the A.Y. 2014-15. 3. Considering the fact on record we deem it fit and proper to remit this appeal also to the file of the Assessing Officer to redo the assessment based on the re-assessment in A.Y. 2014-15. Accordingly, we direct the Assessing Officer to redo the assessment and determine the adjustment of brought forward loss/gain as per law for this assessment year also. Accordingly, the appeal filed by the assessee is allowed for statistical purpose. 4. In the result, appeal of the assessee is allowed for statistical purpose. Order pronounced in the open court on 21 st June, 2022. Sd/- Sd/- (ABY T. VARKEY) (S. RIFAUR RAHMAN) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai / Dated 21.06.2022 Giridhar, Sr.PS 3 ITA NO. 6078/MUM/2019 (A.Y. 2015-16) Ruttonsha International Rectifier 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