ASSISTANT COMMISSIONER OF INCOMIT CENT. CIR. - 25, MUMBAI V. M/s. PARLE PRODUCTS PRIVATE LIMITED , MUMBAI

MA 184/MUM/2018

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6942 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 16 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 30-07-2018
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: J
• Assessment Year: 2001-2002
• Appeal Filed On: 14-03-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SAURABH K R AI
• Section: 80HHC

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL J , BENCH MUMBAI BEFORE SHRI R.C.SHARMA, AM & SHRI PAWAN SINGH , JM M.A.NO.184/MUM/2018 (ARISING OUT OF ITA NO.4902/MUM/2006 ) ( ASSESSMENT YEAR 2001 - 02 ) M.A.NO.185/MUM/2018 ITA NO.445/MUM/2009 ( ASSESSMENT Y EAR 2004 - 05 ) M.A.NO.186/MUM/2018 ITA NO.446/MUM/2009 ( ASSESSMENT YEAR 2005 - 06 ) M.A.NO.187/MUM/2018 ITA NO.6734/MUM/2011 ( ASSESSMENT YEAR 2006 - 07 ) M.A.NO.188/MUM/2018 ITA NO.6735/MUM/2011 ( ASSESSMENT YEAR 2007 - 08 ) M.A.NO.189/MUM/2018 ITA NO.6737/MUM/201 1 ( ASSESSMENT YEAR 2008 - 09 ) M.A.NO.190/MUM/2018 ITA NO.6190/MUM/2012 ( ASSESSMENT YEAR 2009 - 10 ) M/S. PARLE PRODUCTS PVT. LTD., NORTH LEVEL CROSSING VILE PARLE (E) MUMBAI - 400057 VS. ACIT CEN CIR - 25 / DCIT CEN CIR - 24 , / CIR 25 AAYAKAR BHAVAN MUMBAI - 400020 PAN/GIR NO. AAACP0486A APPELLANT ) .. RESPONDENT ) M.A.NO.184/MUM/2018 AND OTHER MAS M/S. PARLE PRODUCTS PVT. LTD., 2 ASSESSEE BY SHRI KETAN VED REVENUE BY SHRI SAURABH K RAI DATE OF HEARING 27/07/ 201 8 DATE OF PRONOUNCEMENT 30 / 07 / 2018 / O R D E R PER R.C. SHARMA : THESE MISCELLANEOUS APPLICATIONS AROSE OUT OF ITA NOS. 4902/MUM/200 6 , 445/MUM/2009, 446/MUM/2009 , 6734/MUM/2011, 6735/MUM/2011, 6737/MUM/2011 AND6190/MUM/2012, DECIDED BY TRIBUNAL VIDE ORDER DATED 22/01/2018. 2. THROUGH THESE MISCELLANEOUS APPLICATIONS, IT WAS CONTENDED BY LEARNED AR THAT FOLLOWING GROUNDS HAVE NOT BEEN DECIDED IN THE RESPECTIVE ORDERS FOR DISPOSING THE APPEAL BY THE TRIBUNAL VIDE ITS ORDER DATED 2 2 /01/2018. THE APPLICANT REFERS TO THE ORDER DATED 22 3A NUARY 2018 PASSED BY THE HON'BLE INCOME - TAX APPELLATE TRIBUNAL [ITAT] DECIDING THE CROSS .APPEALS FILED BY THE APPLICANT AND THE INCOME - TAX DEPARTMENT FOR THE ASSESSMENT YEARS 1998 - 99 TO 2010 - 11. THE APPEALS FILED BY THE APPLICANT AND THE INCOME - TAX DEPART MENT WERE ARGUED AND HEARD TOGETHER. THE HON'BLE ITAT HAS PASSED THE CONSOLIDATED ORDER FOR ASSESSMENT YEARS 1998 - 99 TO 2010 - 11. 3. WE HAVE CAREFULLY GONE THROUGH THE MISCELLANEOUS APPLICATIONS AS WELL AS ORDERS PASSED BY THE TRIBUNAL VIDE ORDER DATED 22 /01/2018 AND FOUND THAT FOLLOWING GROUNDS HAVE NOT BEEN DISPOSED BY THE TRIBUNAL WHILE DECIDING THE APPEALS. M.A.NO.184/MUM/2018 AND OTHER MAS M/S. PARLE PRODUCTS PVT. LTD., 3 ASSESSMENT YEAR GROUND NO. NOT DECIDED BY TRIBUNAL 2001 - 02 GROUND NO.2 2004 - 05 GROUND NO.2 2005 - 06 GROUND NO.2 2006 - 07 TO 2009 - 10 GROUND NO.2 4. FROM THE RECORD WE FOUND THAT IN THE RESPECTIVE APPEALS SO FILED, ASSESSEE HAS RAISED FOLLOWING GROUND NO.2 IN ALL THE YEARS UNDER CONSIDERATION. '2. THE LEARNED COMMISSIONER (APPEALS) ERRED IN CONFIRMING THE ACTION OF ASSESSING OFFICER IN REDUCING 90% OF THE GROSS INTEREST RECEIVED WHILE COMPUTING THE 'PROFITS OF THE BUSINESS' UNDER CLAUSE (BAA) OF THE EXPLANATION TO SECTION 80HHC OF THE INCOME - TAX ACT HE ERRED IN NOT DIRECTING THE ASSESSING OFFICER TO REDUCE 90% OF THE NET INTEREST RE CEIVED WHILE COMPUTING THE DEDUCTION UNDER SECTION 80HHC.' 5. SINCE THE ABOVE GROUND WAS NOT DECIDED IN ALL THE YEARS UNDER CONSIDERATION, WE RECALL OUR ORDER WITH A LIMITED ISSUE ON DECIDING GROUND NO.2 IN ALL THE YEARS UNDER CONSIDERATION. 6. IN THE RES ULT, MISCELLANEOUS APPLICATIONS ARE ALLOWED IN TERMS INDICATED HEREINABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 30 / 07 /201 8 SD/ - ( PAWAN SINGH ) SD/ - (R.C.SHARMA) JUDICIAL MEMBER ACCOUNTANT MEMBER 2 MUMBAI; DATED 30 / 07 /201 8 KARUNA SR. PS M.A.NO.184/MUM/2018 AND OTHER MAS M/S. PARLE PRODUCTS PVT. LTD., 4 COPY OF THE ORDER FORWARDED TO : BY ORDER, ( ASSTT. REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY//