ACE IMPEX, V. ADDL CIT RG 12(1),

MA 2/MUM/2013

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 0676 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 5 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-06-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: K
• Assessment Year: 2003-2004
• Appeal Filed On: 01-01-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: ISHWAR P PATIL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH K, MUMBAI .. , ! ', $ % BEFORE SHRI R.S. SYAL, ACCOUNTANT MEMBER AND SHRI VIVEK VARMA, JUDICIAL MEMBER M.A. NO.02/MUM/2013 (ARISING OUT OF ITA NO. 165/MUM/2007) ASSESSMENT YEAR 2003-04 M/S ACE IMPEX, 104, NEW TEJPAL INDUSTRIAL PREMISES, ANDHERI KURLA ROAD, SAKINAKA, ANDHERI (EAST), MUMBAI -400 072 PAN: AAGFA 0317 A VS ADDL. COMMISSIONER OF INCOME TAX, RANGE- 12(1), AAYAKAR BHAVAN, M.K. ROAD, MUMBAI-400 020 (APPLICANT) (RESPONDENT) APPLICANT BY SHRI ISHWAR P. PATIL RESPONDENT BY SHRI NEERAJA PRADHAN DATE OF HEARING : 07-06-2013 DATE OF PRONOUNCEMENT : 07-06-2013 PER VIVEK VARMA, J.M. A MISCELLANEOUS APPLICATION HAS BEEN FILED AGAINST THE ORDER OF THE ITAT, MUMBAI, IN ITA NO. 165/MUM/2007, WHEREIN GROU NDS NO. 1 TO 6 RELATED TO DISALLOWANCE OF DEDUCTION U/S 80HHC. 2. IN THE ORIGINAL ORDER, IN ITA NO. 165/MUM/2009, THE COORDINATE BENCH PLACED RELIANCE ON THE JURISDICTIONAL HIGH CO URT AT BOMBAY IN THE CASE OF KALPATRU COLOUR & CHEMICALS, REPORTED IN 23 3 CTR 313 TO DISMISS THE GROUNDS OF APPEAL. MA-02/MUM/13 M/S ACE IMPEX . 2 3. VIDE THE INSTANT MA, THE ASSESSEE POINT OUT THAT THE DECISION OF CIT VS. KALPATRU COLOUR & CHEMICALS, REPORTED IN 233 CT R 313 (BOM) IS NOT A GOOD LAW IN VIEW OF THE DECISION OF TOPMAN EXPORTS VS. CIT REPORTED IN 342 ITR 49 (SC), WHEREIN THE HONBLE BOMBAY HIGH CO URT IN THE CASE OF CIT VS. KALPATRU COLOUR & CHEMICALS HAS BEEN REVERS ED. 4. THE ASSESSEE, IN VIEW OF THE DECISION OF TOPMAN EXPORTS, RENDERED BY THE HONBLE SUPREME COURT, REPORTED IN 342 ITR 4 9 WE RECALL THE ORDER AS RENDERED IN ITA NO. 165/MUM/2007, FOR A DECISION TO BE ARRIVED AFRESH IN GROUNDS NO. 1 TO 6, RELATING TO DISALLOWA NCE OF DEDUCTION U/S 80HHC. 5. THE REGISTRY IS HEREBY DIRECTED TO ISSUE NOTICE TO BOTH THE PARTIES TO FIX THE CASE, AS PER SCHEDULE. 6. IN THE RESULT, THE MA FILED BY THE ASSESSEE IS A LLOWED ORDER PRONOUNCED IN THE OPEN COURT ON 07 JUNE, 2013. SD/- SD/- ( .. /R.S. SYAL) ( ! ' /VIVEK VARMA) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / MUMBAI, / DATE: 07 JUNE, 2013 CHAVAN* COPY TO: 1. APPLICANT 2. RESPONDENT 3. THE CONCERNED CIT (A)..CONCERNED MA-02/MUM/13 M/S ACE IMPEX . 3 4. THE CONCERNED CIT. CONCERNED 5. DR K BENCH, ITAT, MUMBAI 6. GUARD FILE //TRUE COPY// &' / BY ORDER, / DY./ASST. REGISTRAR ! '# $, / ITAT, MUMBAI *'( ). . * CHAVAN, SR. PS