Appeal details
Counselvise Citation
[2018] 126 COUNSELVISE.COM (IT) 0457 (ITAT-MUMBAI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
3 year(s) 1 month(s) 14 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
31-01-2018
Appeal Filed By
Assessee
Order Result
Allowed
Bench Allotted
A
Assessment Year
2010-2011
Appeal Filed On
17-12-2014
Judgement Text
, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES A , MUMBAI , . , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, AND SHRI G. MANJUNATHA, ACCOUNTANT MEMBER ITA NO.7509/MUM/2014 ASSESSMENT YEAR:2010-11 ACCUREX BIOMEDICAL PVT. LTD. 212, UDYOG MANDIR, BHAGOJEE KEER MARG, MAHIM(W), MUMBAI-400016 / VS. DCIT, CIRCLE-6(1), MUMBAI ( ! /ASSESSEE) ( ' / REVENUE) P.A. NO.AACCA3730G ! / ASSESSEE BY SHRI SACHIN ROMANI ' / REVENUE BY SHRI RAJESH KUMAR YADAV-DR # '$ % !& / DATE OF HEARING : 31/01/2018 % !& / DATE OF PRONOUNCEMENT 01/02/2018 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) THE ASSESSEE IS AGGRIEVED BY THE IMPUGNED ORDER DATED 13/10/2014 OF THE FIRST APPELLATE AUTHORITY, MUMBAI , DISALLOWING CLUB EXPENSES AMOUNTING TO RS.13,23,600 /- ON ITA NO. 7509/MUM/2014 ACCUREX BIOMEDICAL PVT LTD. 2 THE GROUND THAT THE EXPENSES ARE IN PERSONAL NATURE WITHOUT APPRECIATING THAT THE EXPENDITURE WAS INCURRED TO D EVELOP AND MAINTAIN EXISTING BUSINESS CONTACTS. 2. DURING HEARING, THE LD. COUNSEL FOR THE ASSESSE E, SHRI SACHIN RAMANI, FILED CERTAIN ADDITIONAL EVIDEN CE RUNNING INTO 34 PAGES BY CONTENDING THAT IF THE MAT TER MAY BE EXAMINED AFRESH, THE TRUTH WILL OOZE OUT, THEREF ORE, THE MATTER MAY BE REMANDED TO THE FILE OF THE LD. ASSES SING OFFICER. ON THE OTHER HAND, THE LD. DR, SHRI RAJESH KUMAR YADAV, DEFENDED THE ADDITION MADE BY THE ASSESSING OFFICER. 2.1. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. THE FACTS , IN BRIEF, ARE THAT THE ASSESSEE COMPANY IS ENGAGED IN THE BUS INESS OF MANUFACTURING OF DIAGNOSTIC AND URINE TESTING KITS AND TRADING IN INSTRUMENTS, KITS AND ACCESSORIES RELATI NG TO PATHOLOGY TEST. THE LD. ASSESSING OFFICER WHILE FRA MING THE ASSESSMENT DISALLOWED CLUB EXPENSES OF RS.13,23,600 /- PAID TOWARDS MEMBERSHIP TAKEN IN THE NAME OF ONE OF THE DIRECTORS OF THE ASSESSEE COMPANY. THE STAND OF THE ASSESSEE IS THAT THE SUCH EXPENSES WERE INCURRED TO ITA NO. 7509/MUM/2014 ACCUREX BIOMEDICAL PVT LTD. 3 ENHANCE THE EXISTING BUSINESS. THE LD. COUNSEL RELI ED UPON THE DECISION FROM HON'BLE APEX COURT IN CIT VS UNIT ED GLASS MGF CO. LTD. (CIVIL APPEAL NO.6447 OF 2012), ORDER DATED 12/09/2012. THE ASSESSEE HAS ALSO FILED A COMPILATI ON RUNNING INTO 34 PAGES CONTAINING CERTAIN INFORMATIO N WHICH COULD NOT BE FILED EARLIER. CONSIDERING THE TOTALIT Y OF FACTS, WE REMAND THIS EVIDENCES TO THE FILE OF THE LD. ASSESS ING OFFICER TO EXAMINE THE CLAIM OF THE ASSESSEE AND DECIDE IN ACCORDANCE WITH LAW. NEEDLESS TO MENTION HERE THAT THE ASSESSEE BE PROVIDED DUE OPPORTUNITY OF BEING HEARD . THE ASSESSEE IS AT LIBERTY TO FURNISH NECESSARY EVIDENC E, IF ANY, IN SUPPORT OF ITS CLAIM. FINALLY, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. REPRESENTATIVES FROM BOTH SIDES AT THE CONCLUSION OF THE HEARING ON 31/01/2018. SD/- (G. MANJUNATHA) SD/ - (JOGINDER SINGH) '# / ACCOUNTANT MEMBER $# / JUDICIAL MEMBER # $ MUMBAI; + DATED : 31/01/2018 F{X~{T? P.S/. . . , ITA NO. 7509/MUM/2014 ACCUREX BIOMEDICAL PVT LTD. 4 %$&'()(*& / COPY OF THE ORDER FORWARDED TO : 1. ,-./ / THE APPELLANT 2. 01./ / THE RESPONDENT. 3. # 3! , ( ,- ) / THE CIT, MUMBAI. 4. # 3! / CIT(A)- , MUMBAI 5. 5'6 0! , ,-& , , # $ / DR, ITAT, MUMBAI 6. 7 8$ / GUARD FILE. / BY ORDER, / (DY./ASSTT. REGISTRAR) , # $ / ITAT, MUMBAI
