MAHINDRA & MAHINDRA LIMITED , MUMBAI V. ADDL CIT RG 2(2), MUMBAI

MA 797/MUM/2017

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6435 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-04-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2000-2001
• Appeal Filed On: 18-10-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: WAS DE CIDED IN FAVOUR OF
• Keywords: Revenue expenditure

Judgement Text

, INCOME-TAX APPELLATE TRIBUNAL -BBENCH MUMBAI , ,, , , , , , , ,, , BEFORE S/SHRI RAJENDRA,ACCOUNTANT MEMBER AND C N PRASAD,JUDICIAL MEMBER MA/797/MUM/2017 (ARISING OUT OF ./I.T.A./3998/MUM/2010, /AY.S: 2000-2001) MAHINDRA & MAHINDRA LIMITED MAHINDRA TOWERS, GROUND FLOOR, CORPORATION TAXATION, WORLI ROAD NO.13, WORLI,MUMBAI-400 018. PAN:AAACM 3025 E VS. ADDL. CIT, RANGE-2(2) AAYAKAR BHAVAN, M.K. MARG MUMBAI-400 020. ( /APPELLANT) ( / RESPONDENT) REVENUE BY : SHRI RAJGURU M.V. ASSESSEE B Y: SHRI M.P. MAHAJANI-AR / DATE OF HEARING: 06.04.2018 / DATE OF PRONOUNCEMENT: 06.04.2018 /ORDER - PER RAJENDRA, AM - VIDE ITS APPLICATION,DATED 18/10/2017,THE ASSESSEE HAS STATED THERE WERE CERTAIN MISTAKES IN THE ORDER OF THE TRIBUNAL ,DT.16.05.2016,THAT SAME WERE TO BE RECTIFIED AS PER SECTION 254(2) OF THE ACT,THAT WHILE DECIDING THE ISSUE OF DEVELOPMEN T EXPENSES OF RS.914.12LAKHS IN RESPECT OF HORIZON III PROJECT FOR TRACTORS,STAFF COST OF RS.2 68.28 LAKHS WAS TO BE ALLOWED AS REVENUE EXPENDITURE,THAT THE TRIBUNAL DID NOT ADJUDICATE TH E SAID ISSUE,THAT WHILE DECIDING THE APPEALS FOR THE AY.S.2006-07 AND 2007-08 THE TRIBUNAL HAD H ELD THE STAFF COST WAS TO BE ALLOWED AS REVENUE EXPENDITURE. 2. WE FIND THAT WHILE DECIDING THE GROUND NO.3 FOR THE AY.2000-01,WE HAD NOT ADJUDICATED THE ISSUE OF ADMINISTRATIVE AND STAFF EXPENSES IN R ESPECT OF HORIZON III PROJECT FOR TRACTORS.AS THE IDENTICAL ISSUE WAS DELIBERATED UPON AND WAS DE CIDED IN FAVOUR OF THE ASSESSEE BY THE TRIBUNAL,WHILE ADJUDICATING THE APPEALS FOR THE AY. S.2006-07 AND 2007-08,SO,WE HOLD THAT EXPENSES INCURRED UNDER THE HEADS ADMINISTRATIVE E XPENSES AND STAFF COSTHAVE TO ALLOWED AS REVENUE EXPENDITURE FOR THE YEAR UNDER CONSIDERA TION.ACCORDINGLY,GROUND NO.3 IS DECIDED IN FAVOUR OF THE ASSESSEE,IN PART. AS A RESULT,MA FILED BY THE ASSESSEE STANDS ALLOWED . ! . MA NO.797/M/17 MAHINDRA & MAHINDRA LTD. 2 ORDER PRONOUNCED IN T HE OPEN COURT ON 6 TH ,APRIL, 2018. ' #$%&'() 6 * , 2018 SD/- SD/- ( / C N PRASAD ) ( / RAJENDRA ) ( +, / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; /DATED : 06/04/2018. JV.SR.PS. / COPY OF THE ORDER FORWARDED TO : 1. APPELLANT / 2. RESPONDENT / 3. THE CONCERNED CIT(A)/ , 4. THE CONCERNED CIT / 5. DR L BENCH, ITAT, MUMBAI / , , . . . 6. GUARD FILE/ //TRUE COPY// / BY ORDER, / DY./ASST. REGISTRAR , /ITAT, MUMBAI.