SEMIT PHARMACEUTICALS & CHEMICALS PVT. LTD., MUMBAI V. DCIT, CC- 34 , MUMBAI

ITA 6998/MUM/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 2710 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 3 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-03-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 06-12-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Condonation of delay; Rule 8D
• Section: 14A; 115JB; 13; 153

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC , MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN , HON'BLE ACCOUNTANT MEMBER ITA NO. 6998 /MUM/201 8 (A.Y: 2009 - 10 ) M/S. SEMIT PHARMAC EUTICALS & CHEMICALS PVT. LTD., UNIT NO. A - 38, ROYAL INDUSTRIAL ESTATE 5B, NAIGAON CROSS ROAD, WADALA MUMBAI 400 031 PAN: AAACS7486H V. DY. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 34 MUMBAI (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE DEPARTMENT BY : SHRI KIRAN UNAVEKAR DATE OF HEARING : 24.02.2020 DATE OF PRONOUNCEMENT : 13 .03 . 2020 O R D E R PER C. N. PRASAD (JM) 1. THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) 54, MUMBAI [HEREINAFTER IN SHORT LD.CIT(A)] DATED 29 .11.2016 FOR THE A.Y. 2009 - 10. 2. ASSESSEE CHALLENGED THE ORDER OF THE LD.CIT(A) IN SUSTAINING THE DISALLOWANCE MADE U/S. 14A R.W. RULE 8D OF I.T. RULES WHILE COMPLETING 2 ITA NO. 6998/MUM/2018 (A.Y: 2009 - 10) M/S. SEMIT PHARMACEUTICALS & CHEMICALS PVT. LTD., THE ASSESSMENT U/S. 153 C OF THE ACT UNDER NORMAL PROVISIONS OF THE ACT AS WELL AS BOOK PROFITS U/S. 115JB OF THE ACT. 3. T HIS APPEAL IS FILED BY THE ASSESSEE WITH A DELAY OF 65 5 DAYS AND NO PETITION FOR COND ON ATION OF DELAY HAS BEEN FILED ALONG WITH THE APPEAL . I N THE ABSENCE OF ANY PETITION FOR CONDONATION OF DELAY THE APPEAL FILED BY THE ASSESSEE IS NOT ADMITTED AND THE SAME IS DISMISSED IN LIMINI. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED IN LIMINI . ORDER PRONOUNCED IN THE OPEN COURT ON THE 13 TH M ARCH , 2020 SD/ - SD/ - ( S. RIFAUR RAHMAN ) (C.N. PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI / DATED 13 / 0 3 / 2020 GIRIDHAR , S R. PS 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