DCIT 4(1), MUMBAI v. ALDAN INVESTMENTS P. LTD, MUMBAI

ITA 131/MUM/2010 | 2006-2007
Pronouncement Date: 22-12-2010 | Result: Dismissed

Appeal Details

RSA Number 13119914 RSA 2010
Assessee PAN AAACA8911D
Bench Mumbai
Appeal Number ITA 131/MUM/2010
Duration Of Justice 11 month(s) 15 day(s)
Appellant DCIT 4(1), MUMBAI
Respondent ALDAN INVESTMENTS P. LTD, MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 22-12-2010
Appeal Filed By Department
Order Result Dismissed
Bench Allotted A
Assessment Year 2006-2007
Appeal Filed On 07-01-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES A : MUMBAI BEFORE SHRI D. MANMOHAN VICE PRESIDENT AND SHRI PRAMOD KUMAR ACCOUNTANT MEMBER ITA. NO.131/MUM/2010 ASSESSMENT YEAR 2006-2007 DCIT 4 (1) MUMBAI 400 020 VS. ALDAN INVESTMENTS P. LTD. MUMBAI 400 053 PAN AAACA8911D (APPELLANT) (RESPONDENT) FOR APPELLANT : SHRI SRAVAN KUMAR FOR RESPONDENT : SHRI SATYENDRA LAHOTI ORDER PER D. MANMOHAN V.P. 1. THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 9-10-2009 PASSED BY THE CIT (A)-VIII MUMBAI AND IT PERTAINS TO THE ASSESSMENT YEAR 2006-2007. THOUGH THE REVENUE H AS RAISED AS MANY AS THREE GROUNDS IN ITS GROUNDS OF APPEAL TH E SHORT ISSUE ARISES FOR OUR CONSIDERATION IS AS TO WHETHER BOLTS AND VSAT CHARGES STOCK EXCHANGE AND LEASE CHARGES AS WELL AS TRANSAC TION CHARGES PAID WOULD FALL WITHIN THE MEANING OF PAYMENTS TOWARDS P ROFESSIONAL AND TECHNICAL SERVICES RENDERED BY THE STOCK EXCHANGE A ND WHETHER ASSESSEE HAS FAILED TO DEDUCT TAX AT SOURCE. 2. AS COULD BE NOTICED FROM THE ORDER PASSED BY TH E LEARNED CIT (A) IDENTICAL ISSUE WAS DECIDED IN FAVOUR OF T HE ASSESSEE IN ASSESSEES OWN CASE FOR THE EARLIER YEAR AND HE ALS O FOLLOWED THE DECISION IN THE CASE OF KOTAK SECURITIES LIMITED 25 SOT 440. AT THE TIME OF HEARING LEARNED DR WAS UNABLE TO PLACE ANY DECISION WHEREIN A CONTRARY VIEW WAS TAKEN. 3. UNDER THESE CIRCUMSTANCES WE ARE OF THE VIEW T HAT THE ORDER PASSED BY THE LEARNED CIT (A) CONSISTENT WIT H THE VIEW TAKEN BY 2 THE ITAT IN THE CASE OF KOTAK SECURITIES LIMITED (S UPRA) IS IN ACCORDANCE WITH LAW AND THUS WE AFFIRM THE ORDER OF THE LEARNED CIT (A) AND DISMISS THE APPEAL FILED BY THE REVENUE. 4. IN THE RESULT APPEAL FILED BY THE REVENUE IS D ISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS THE 22 ND DAY OF DECEMBER 2010. SD/- SD/- (PRAMOD KUMAR) (D.MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDENT MUMBAI DATE 22 ND DECEMBER 2010 VBP/- COPY TO 1. DCIT 4 (1) ROOM NO. 640 6 TH FLOOR AAYAKAR BHAVAN MUMBAI 400 020. 2. ALDAN INVESTMENTS P. LTD. 701 HERITAGE PLAZA O PP. INDIAN OIL NAGAR J.P. ROAD ANDHERI (W) MUMBAI 400 053. PA N AAACA8911D 3. CIT (A)-8 MUMBAI. 4. CIT-4 MUMBAI. 5. DR A BENCH 6. GUARD FILE. (TRUE COPY) BY ORDER ASST. REGISTRAR ITAT MUMBAI BENCHES MUMBAI.