ITO 16(1)(2), MUMBAI V. NEW GULISTAN CHS LTD, MUMBAI

ITA 6103/MUM/2011

• Counselvise Citation: 610319914 RSA 2011
• Duration Of Justice: 10 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-07-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2008-2009
• Appeal Filed On: 02-09-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MOHIR JAIN
• Assessee Lawyers: MD

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI B BENCH, MUMBAI BEFORE SHRI R.S. SYAL, ACCOUNTANT MEMBER AND SHRI VIVEK VARMA, JUDICIAL MEMBER ITA NO.6103/M/2011 ASSESSMENT YEAR: 2008-2009 ITO-16(1)(2), MATRU MANDIR, MUMBAI 400 007. VS. NEW GULISTAN CHS LTD., 13 CARMICHAEL ROAD, MUMBAI 400 026. PAN: AAAAN1756F (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI MOHIR JAIN RESPONDENT BY : SHRI M.D. PANDYA DATE *OF HEARING: 25.07.2012 DATE OF O RDER: 31.07.2012 O R D E R PER R.S. SYAL, A.M. THIS APPEAL BY THE REVENUE ARISES OUT OF THE ORDER PASSED BY CIT (A)-27, MUMBAI, DATED ON 26.5.2011 IN RELATION TO THE ASSES SMENT YEAR 2008-2009. 2. THE ONLY ISSUE RAISED IN THIS APPEAL IS AGAINST THE DELETION OF ADDITION ON ACCOUNT OF TRANSFER CHARGES AMOUNTING TO RS. 54,67, 500/-. 3. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE RELEVANT MATERIAL ON RECORD. IT IS OBSERVED THAT SIMILAR ADDITION WAS MA DE BY THE ASSESSING OFFICER FOR ASSESSMENT YEAR 2006-2007 WHICH WAS DELETED BY THE FIRST APPELLATE AUTHORITY. WHEN THE MATTER CAME UP BEFORE THE TRIBUNAL, THE VI EW TAKEN BY THE LD. CIT (A) 2 ITA NO.6103/M/2011 HAS BEEN AFFIRMED. THE COPY OF THE SAID ORDER PASS ED BY THE TRIBUNAL DATED 7.3.2012 IN ITA NO.3516/M/2011 IS PLACED ON RECORD. THE LEARNED DEPARTMENTAL REPRESENTATIVE FAIRLY CONCEDED THAT THE FACTS AND C IRCUMSTANCES FOR THE CURRENT YEAR ARE MUTADIS MUTANDIS SIMILAR TO THOSE FOR ASSESSMENT YEAR 2006-2007 DEC IDED BY THE TRIBUNAL. RESPECTFULLY FOLLOWING THE PRECEDENT , WE HOLD THE IMPUGNED ORDER ON THIS ISSUE. 4. IN THE RESULT, APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 31 ST DAY OF JULY, 2012. SD/- SD/- (VIVEK VARMA) (R.S. SYAL) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI. DATED THE 31.07.2012 OKK COPY OF THE ORDER IS FORWARDED TO : 1. ASSESSEE AS MENTIONED IN THE CAUSE TITLE 2. ACIT CONCERNED. 3. CIT-CONCERNED 4. D.R. ITAT B BENCH, MUMBAI 5. GUARD FILE BY ORDER ASSISTANT REGISTRAR I.T.A.T, MUMBAI.