ITO 23(2)(4), MUMBAI v. K.H.P. SHETTY, MUMBAI

ITA 2201/MUM/2010 | 2006-2007
Pronouncement Date: 28-01-2011 | Result: Partly Allowed

Appeal Details

RSA Number 220119914 RSA 2010
Bench Mumbai
Appeal Number ITA 2201/MUM/2010
Duration Of Justice 10 month(s) 9 day(s)
Appellant ITO 23(2)(4), MUMBAI
Respondent K.H.P. SHETTY, MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 28-01-2011
Appeal Filed By Department
Order Result Partly Allowed
Bench Allotted A
Tribunal Order Date 28-01-2011
Assessment Year 2006-2007
Appeal Filed On 19-03-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH A MUMBAI BEFORE SHRI R.S. SYAL (AM) & SMT. ASHA VIJAYARAGHA VAN (JM) I.T.A.NO.2201/MUM/2010 (A.Y. 2006-07) INCOME-TAX OFFICER-23(2)(4) R.NO.205 C-10 BANDRA KURLA COMPLEX MUMBAI-400 051. VS. SHRI K.H.P. SHETTY FLA NO.25 GALA NAGAR NAHUR RD. MULUND (W) MUMBAI-400 080. PAN:AAUPS5355C APPELLANT RESPONDENT APPELLANT BY SHRI SURENDRA KUMAR. RESPONDENT BY SHRI S ATISH CHANDAK. O R D E R PER R.S. SYAL AM : THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT (A) ON 27-01-2010 IN RELATION TO THE ASSTT. YEAR 20 06-07. 2. THE FOLLOWING EFFECTIVE GROUND HAS BEEN RAISED I N THIS APPEAL : ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW THE LD. CIT(A) ERRED IN DIRECTING THE ASSESSIN G OFFICER TO DECIDE THE ISSUE REGARDING THE ALLOWABILITY OF DEDUCTI ON U/S.80 IB TO THE ASSESSEE IN CONTRAVENTION OF PROVISION OF SEC.251(1)(A) OF I.T. ACT. 3. WE HAVE HEARD BOTH THE SIDES AND PERUSED THE REL EVANT MATERIAL ON RECORD. THE LD. A.R. HAS PLACED ON RECORD A COPY OF THE ORD ER DATED 18-05-2009 PASSED BY THE TRIBUNAL IN HIS OWN CASE FOR THE ASSTT. YEA R 2004-05 IN I.T.A. NO. 4680/MUM/2007 RESTORING THE MATTER TO THE FILE OF A O WITH NECESSARY DIRECTIONS. THE SAME VIEW HAS BEEN FOLLOWED BY THE TRIBUNAL IN ASSTT. YEAR 2005-06 COPY OF WHICH ORDER DATED 06-08-2009 HAS ALSO BEEN PLACED O N RECORD. BOTH THE SIDES ARE IN AGREEMENT THAT THE FACTS AND CIRCUMSTANCES OF T HE INSTANT YEAR ARE SIMILAR TO THOSE ALREADY CONSIDERED AND DECIDED BY THE TRIBUNA L. RESPECTFULLY FOLLOWING THE PRECEDENTS WE OVERTURN THE IMPUGNED ORDER AND RES TORE THE MATTER TO THE FILE OF AO FOR TAKING A DECISION IN ACCORDANCE WITH THE DIR ECTIONS GIVEN BY THE TRIBUNAL IN ITA 2201/M/10 2 THE EARLIER TWO ORDERS AFTER ALLOWING A REASONABLE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. 4. IN THE RESULT THE APPEAL IS ALLOWED FOR STATIST ICAL PURPOSES. ORDER PRONOUNCED ON THE 28TH DAY OF JANUARY 2011. SD/- SD/- (SMT. ASHA VIJAYARAGHAVAN) (R.S. SYAL) JUDICIAL MEMBER ACCOUNTA NT MEMBER MUMBAI: 28TH JANUARY 2011. NG: COPY TO : 1. DEPARTMENT. 2.ASSESSEE. 3 CIT(A)-33 MUMBAI. 4 CIT-23 MUMBAI. 5.DR A BENCH MUMBAI. 6.MASTER FILE. (TRUE COPY) BY ORDER ASST.REGISTRAR ITAT MUMBAI. ITA 2201/M/10 3 DETAILS DATE INITIALS DESIGN ATION 1. DRAFT DICTATED ON 20-01- 2011 SR.PS/ 2. DRAFT PLACED BEFORE AUTHOR 20-01- 2011 SR.PS/ 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/ 6. KEPT FOR PRONOUNCEMENT ON SR.PS/ 7. FILE SENT TO THE BENCH CLERK SR.PS/ 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9. DATE ON WHICH FILE GOES TO THE AR 10. DATE OF DISPATCH OF ORDER *