Smt. Madhu & Others, Meerut V. ITO, Meerut

ITA 874/DEL/2015

• Counselvise Citation: 87420114 RSA 2015
• Duration Of Justice: 10 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-12-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 23-11-2015
• Assessment Year: 2006-2007
• Appeal Filed On: 12-02-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: P DAM KANUNJNA
• Assessee Lawyers: V K GOEL

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH E, NEW DELHI BEFORE SH. H.S.SIDHU, JM AND SH. PRASHANT MAHARIS HI, AM ITA NO. 874/DEL/2015 ASSTT. YEAR : 2006-07 MRS MADHU & OTHERS C/O, VINOD KUMAR GOEL, 282, BOUNDARY ROAD, CIVIL LINES MEERUT VS ITO WARD-1(4) MEERUT (APPELLANT) (RESPONDENT) PAN NO. AFE AAKFM9034A APPELLANT BY : SH. V.K.GOEL, ADV. RESPONDENT BY : SH. P.DAM KANU NJNA, SR. DR DATE OF HEARING : 23.11.2015 DATE OF PRONOUNCEMENT : .12.2015 ORDER PER PRASHANT MAHARISHI : AM 1. THIS APPEAL IS FILED BY ASSESSEE FIRM AGAINST THE ORDER OF CIT (A) MEERUT DATED 30.1.2015. 2. GROUND NO 1 OF THE APPEAL IS AGAINST THE ORDER OF CIT (A) IN CONFIRMING THE TAXATION OF INCOME OF M/S MADHU & O THERS AS INCOME OF MRS MADHU INDIVIDUAL. 3. WE HAVE DEALT WITH THESE ISSUES IN GROUND NO 1 OF T HE APPEAL OF MRS MADHU , INDIVIDUAL IN ITA NO 873/D/2015 AND THE FACTS AND CIRCUMSTANCES OF THE ISSUES ARE SAME. IN THAT AP PEAL WE HAVE HELD THAT INCOME OF M/S MADHU & OTHERS IS RIGHTLY TAXE D IN THE HANDS OF ITA NO. 873 & 874 .DEL.2015 MRS MADHU, MEERUT V ITO WARD 1 (4) MEERUT A Y 2003-04 & 2006-07 2 THE APPELLANT ASSESSEE. ON THE SAME BASIS AND REASO NING WE ALSO HOLD SAME IN THIS APPEAL FOR AY 2006-07. THEREFORE GROU ND NO 1 OF THE APPEAL IS DISMISSED. 4. THE GROUND NO 2 OF THE APPEAL IS AGAINST THE DISALL OWANCE OF RS 244358/- IN THE HANDS OF APPELLANT M/S MADHU & OTH ER FIRM AS IT IS TAXED AS AN AOP AND NOT AS A FIRM. AS WE HAVE HELD IN GROUND NO. 4 OF APPEAL FOR AY 2003-04 IN ITA NO 873/D/2015 OF MRS MADHU THAT AS M/S MADHU & OTHERS IS TAXED AS AN AOP NO DEDUCT ION OF INTEREST AND REMUNERATION PAID TO THE PARTNERS SHALL BE ALLO WED. THEREFORE ON THE SAME BASIS AND REASONS WE ALSO DISMISS GROUND NO 2 OF THE APPEAL HOLDING THAT LD AO HAS RIGHTLY DISALLOWED INTEREST OF RS 2,44,358/- AS PAYMENT OF INTEREST TO PARTNERS. THEREFORE GROUND N O 2 OF THE APPEAL IS DISMISSED. 5. ON GROUND NOS. 3, 4 AND 5 NO SPECIFIC ARGUMENTS ARE ADVANCED BY EITHER PARTY AND THEY ARE GENERAL IN NATURE AND THE REFORE SAME ARE DISMISSED. 6. IN THE RESULT APPEAL OF THE ASSESSEE IS DISMISSED. . (ORDER PRONOUNCED IN THE OPEN COURT ON 23.12.2015) SD/- SD/- (H.S.SIDHU) (PRASHANT MAHARISHI) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 23 /12/2015 *BINITA* COPY FORWARDED TO: 1. APPELLANT A 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITA NO. 873 & 874 .DEL.2015 MRS MADHU, MEERUT V ITO WARD 1 (4) MEERUT A Y 2003-04 & 2006-07 3 DATE INITIAL 1. DRAFT DICTATED ON 21/12/2015 2. DRAFT PLACED BEFORE AUTHOR 21/12/2015 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. 5. APPROVED DRAFT COMES TO THE SR.PS/PS 6. KEPT FOR PRONOUNCEMENT ON 7. FILE SENT TO THE BENCH CLERK 8. DATE ON WHICH FILE GOES TO THE AR 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 10. DATE OF DISPATCH OF ORDER. ITA NO. 873 & 874 .DEL.2015 MRS MADHU, MEERUT V ITO WARD 1 (4) MEERUT A Y 2003-04 & 2006-07 4