DCIT CIR 8(2), MUMBAI v. OXFORD MOUDINGS P. LTD, MUMBAI

ITA 1198/MUM/2010 | 2005-2006
Pronouncement Date: 03-12-2010 | Result: Allowed

Appeal Details

RSA Number 119819914 RSA 2010
Assessee PAN AAACO1158Q
Bench Mumbai
Appeal Number ITA 1198/MUM/2010
Duration Of Justice 9 month(s) 17 day(s)
Appellant DCIT CIR 8(2), MUMBAI
Respondent OXFORD MOUDINGS P. LTD, MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 03-12-2010
Appeal Filed By Department
Order Result Allowed
Bench Allotted C
Tribunal Order Date 03-12-2010
Assessment Year 2005-2006
Appeal Filed On 15-02-2010
Judgment Text
1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH C MUMBAI BEFORE SHRI J. SUDHAKAR REDDY ACCOUNTANT MEMBER AND SHRI VIJAY PAL RAO JUDICIAL MEMBER. I.T.A. NO. 1198/MUM/2010. ASSESSMENT YEAR : 2005-06. DY. COMMISSIONER OF INCOME-TAX M/ S OXFORD MOULDING PVT. LTD. 8(21) MUMBAI. VS. 101-A TODI COMPLEX 35 SAKI VIHAR ROAD ANDHERI (E) MUMBAI 400072. P.A. NO. AAACO1158Q APPELLANT. RESPONDENT. APPELLANT BY : SHRI SUMEET KUMAR. RESPONDENT BY : SHRI RAKESH JOSHI AND MS. VINITA SHAH. O R D E R PER J. SUDHAKAR REDDY A.M. : THIS IS AN APPEAL FILED BY THE REVENUE DIRECTED A GAINST THE ORDER OF THE CIT(APPEALS)-17 MUMBAI DATED 10 TH NOV. 2009 ON THE FOLLOWING GROUND : ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW THE LD. CIT(A) ERRED IN DELETING THE ADDITION OF EXCISE DUT Y TO THE CLOSING STOCK MADE BY THE AO IN TERMS OF PROVISIONS OF SEC. 145A OF THE I.T. ACT WITHOUT APPRECIATING THE FACT THAT THE ADDITION HAS BEEN MA DE IN VIEW OF THE SPECIFIC PROVISIONS OF SEC. 145A AND ALSO IN CONFORMITY WITH THE DECISION OF THE DELHI HIGH COURT ON THE ISSUE IN THE CASE OF M/S MA HAVIR ALLUMINIUM LTD. (214 CTR 45) (DEL.) 2 2. AFTER HEARING MR. SUMEET KUMAR LEARNED DR AND S HRI RAKESH JOSHI LEARNED COUNSEL FOR THE ASSESSEE WE SET ASIDE THE APPEAL TO THE FILE OF THE AO FOR FRESH ADJUDICATION ON THE SAME LINES AS IN THE CAS E OF ACIT RANGE-8(3) MUMBAI VS. M/S TIME PACKAGING LTD. IN ITA NO. 6450/MUM/200 6 E-BENCH ORDER DATED 3 RD NO. 2008. BOTH THE PARTIES AGREED THAT THE AO SHOUL D BE DIRECTED TO READJUDICATE THE MATTER IN THE LIGHT OF THE DECISION OF THE HON BLE DELHI HIGH COURT IN THE CASE OF MAHAVEER ALUMINIUM LTD. 297 ITR 77. 3. IN THE RESULT THE APPEAL IS ALLOWED FOR STATIST ICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 3 RD DEC. 2010. SD/- SD/- (VIJAY PAL RAO) (J. SUDHAKAR REDDY) JUDICIAL MEMBER. ACCO UNTANT MEMBER MUMBAI DATED: 3 RD DEC. 2010. COPY TO : 1. APPELLANT 2. RESPONDENT 3. C.I.T. 4. CIT(A) 5. DR C-BENCH (TRUE COPY) BY ORDE R ASSTT. REGISTRAR ITAT MU MBAI. WAKODE