ITO 7(2)-1, MUMBAI v. RISHIRAJ FILAMENTS LTD, MUMBAI

ITA 1991/MUM/2010 | 2006-2007
Pronouncement Date: 05-07-2010 | Result: Dismissed

Appeal Details

RSA Number 199119914 RSA 2010
Assessee PAN AAACR2494L
Bench Mumbai
Appeal Number ITA 1991/MUM/2010
Duration Of Justice 3 month(s) 25 day(s)
Appellant ITO 7(2)-1, MUMBAI
Respondent RISHIRAJ FILAMENTS LTD, MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 05-07-2010
Appeal Filed By Department
Order Result Dismissed
Bench Allotted SMC
Tribunal Order Date 05-07-2010
Date Of Final Hearing 05-07-2010
Next Hearing Date 05-07-2010
Assessment Year 2006-2007
Appeal Filed On 11-03-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL 'SMC' BENCH MUMBAI BEFORE SHRI A.L. GEHLOT ACCOUNTANT MEMBER ITA NO. 1991/MUM/2010 (ASSESSMENT YEAR: 2006-07) INCOME TAX OFFICER - 7(2)(1) M/S. RISHIRAJ FILAMENT S LTD. ROOM NO. 670 6TH FLOOR 12-A NEW SUN MILL COMPOUND AAYAKAR BHAVAN M.K. ROAD VS. LOWER PAREL MUMBAI 400013 MUMBAI 400020 PAN - AAACR 2494 L APPELLANT RESPONDENT APPELLANT BY: SHRI S.K. SINGH RESPONDENT BY: NONE O R D E R PER A.L. GEHLOT A.M. THIS APPEAL BY THE REVENUE IS AGAINST THE ORDER OF THE CIT(A) -13 MUMBAI DATED 06.11.2009. THE GROUNDS RAISED IN THE APPEAL ARE IN RESPECT OF CHARGING OF INTEREST UNDER SECTION 234B & 234C O N INCOME ASSESSABLE UNDER SECTION 115JB OF THE ACT. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE. HOWEVER A FTER CONSIDERING THE FACTS OF THE CASE I PROCEED TO DECIDE THE APPEA L ON MERITS. 3. THE INTEREST UNDER SECTION 234B & 234C CHARGED BY T HE ASSESSING OFFICER WHILE COMPUTING THE INCOME UNDER SECTION 11 5JB HAS BEEN DELETED BY THE CIT(A) FOLLOWING THE JUDGEMENT OF THE HON'BL E SUPREME COURT IN THE CASE OF KWALITY BISCUITS 285 ITR 434 (SC) AND THE J URISDICTIONAL HIGH COURTS JUDGEMENT IN THE CASE OF SNOW CEM INDIA LTD. 313 IT R 170 (MUM). IN THE GROUNDS OF THE APPEAL IT IS STATED THAT THE JUDGEME NTS ON WHICH THE CIT(A) RELIED UPON ARE DISTINGUISHABLE ON FACTS BUT THE RE VENUE HAS FAILED TO POINT OUT HOW THOSE JUDGEMENTS ARE DISTINGUISHABLE ON FAC TS. SINCE THE CIT(A) HAS FOLLOWED THE JUDGEMENT OF THE JURISDICTIONAL HIGH C OURT IN THE CASE SNOW ITA NO. 1991/MUM/2010 2 CEM INDIA LTD. 313 ITR 170 I DO NOT FIND ANY INFIR MITY IN THE ORDER OF THE CIT(A). THE ORDER OF THE CIT(A) IS CONFIRMED. 4. IN THE RESULT APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 5 TH JULY 2010. SD/- (A.L. GEHLOT) ACCOUNTANT MEMBER MUMBAI DATED: 5 TH JULY 2010 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) XIII MUMBAI 4. THE CIT VII MUMBAI CITY 5. THE DR SMC BENCH ITAT MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT MUMBAI BENCHES MUMBAI N.P.