JITENDRA SHANTILAL SHAH, MUMBAI v. DCIT CEN CIR 38, MUMBAI

ITA 2589/MUM/2010 | 2001-2002
Pronouncement Date: 09-03-2011 | Result: Partly Allowed

Appeal Details

RSA Number 258919914 RSA 2010
Assessee PAN YEARS2001S
Bench Mumbai
Appeal Number ITA 2589/MUM/2010
Duration Of Justice 11 month(s) 3 day(s)
Appellant JITENDRA SHANTILAL SHAH, MUMBAI
Respondent DCIT CEN CIR 38, MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 09-03-2011
Appeal Filed By Assessee
Order Result Partly Allowed
Bench Allotted I
Tribunal Order Date 09-03-2011
Assessment Year 2001-2002
Appeal Filed On 05-04-2010
Judgment Text
1 ITA NOS.2589 TO 2595/MUM/2010 IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI MUMBAI MUMBAI MUMBAI I II I BENCH BENCH BENCH BENCH MUMBAI BENCHES MUMBAI MUMBAI BENCHES MUMBAI MUMBAI BENCHES MUMBAI MUMBAI BENCHES MUMBAI BEFORE SHRI R K PANDA AM BEFORE SHRI R K PANDA AM BEFORE SHRI R K PANDA AM BEFORE SHRI R K PANDA AM & SMT ASHA VIJAYARAGHAVAN JM & SMT ASHA VIJAYARAGHAVAN JM & SMT ASHA VIJAYARAGHAVAN JM & SMT ASHA VIJAYARAGHAVAN JM ITA NO ITA NO ITA NO ITA NOS SS S. 2589 . 2589 . 2589 . 2589 TO TOTO TO 2595/MUM/2010 2595/MUM/2010 2595/MUM/2010 2595/MUM/2010 (ASST YEAR (ASST YEAR (ASST YEAR (ASST YEARS 2001 S 2001 S 2001 S 2001- -- -02 TO 2007 02 TO 2007 02 TO 2007 02 TO 2007- -- -08 0808 08) )) ) SHRI JITENDRA SHANTILAL SHAH C/O VIRENDRA & CO 274 NEW DARUKHANA MAZGAON MUMBAI 400 010 VS THE DY COMMR OF INCOME TAX CEN.CIR 38 MUMBAI ( (( ( APPELLANT APPELLANT APPELLANT APPELLANT ) )) ) (RESPONDENT) (RESPONDENT) (RESPONDENT) (RESPONDENT) PAN NO. PAN NO. PAN NO. PAN NO.AAHPS3522N AAHPS3522N AAHPS3522N AAHPS3522N A SSESSEE BY SHRI M S MATHURIA REVENUE BY SHRI SANJE EV DUTT - DR PER PER PER PER BENCH: BENCH: BENCH: BENCH: THE ABOVE APPEALS FILED BY THE ASSESSEE ARE DIRECT ED AGAINST THE COMMON ORDER DATED 28.1.2010 OF THE CIT(A)-41 RELATING TO ASSESSMENT YEARS 2001-02 TO 2007-08 RESPECTIVELY. SINCE IDENTICAL GROUNDS HAVE BEEN TAKEN IN ALL THESE APPEALS; THEREFORE THESE WERE HEARD TOGETHER AND A RE BEING DISPOSED OF BY THIS COMMON ORDER FOR THE SAKE OF CONVENIENCE. 2 IN ALL THESE APPEALS THE ISSUE INVOLVED IS DISAL LOWANCE OF INTEREST U/S 14A. 3 BOTH THE PARTIES AT THE TIME OF HEARING SUBMIT TED THAT THE ISSUE HAS TO GO BACK TO THE FILE OF THE ASSESSING OFFICER FOR FR ESH ADJUDICATION IN THE LIGHT OF THE LATEST DECISION OF THE JURISDICTIONAL HIGH COUR T IN THE CASE OF GODREJ & BOYCE MFG P LTD VS ACIT REPORTED IN 328 ITR 81 (BOM). 2 ITA NOS.2589 TO 2595/MUM/2010 4. IN VIEW OF THE ABOVE SUBMISSIONS MADE BY BOTH TH E PARTIES WE DEEM IT PROPER TO RESTORE THE MATTER BACK TO THE FILE OF TH E ASSESSING OFFICER FOR FRESH ADJUDICATION OF THE ISSUE IN THE LIGHT OF THE DECI SION OF THE JURISDICTIONAL HIGH COURT IN THE CASE OF GODREJ & BOYCE MFG P LTD (SUPR A). THE ASSESSING OFFICER SHALL DECIDE THE ISSUE IN ACCORDANCE WITH LAW AFTER GIVIN G DUE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. WE HOLD AND DIRECT ACCORDIN GLY. THE GROUND RAISED BY THE ASSESSEE IN ALL THESE APPEALS ARE ACCORDINGLY ALLOWED FOR STATISTICAL PURPOSE. 5 IN THE RESULT THE APPEALS FILED BY THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF H EARING I.E. ON 9 TH MAR 2011. SD/- SD/- ( (( ( SMT ASHA VIJAYARAGHAVAN SMT ASHA VIJAYARAGHAVAN SMT ASHA VIJAYARAGHAVAN SMT ASHA VIJAYARAGHAVAN ) )) ) JUDICIAL MEMBER ( (( ( R K PANDA R K PANDA R K PANDA R K PANDA ) )) ) ACCOUNTANT MEMBER PLACE: MUMBAI : DATED: 9 TH MAR 2011 RAJ* COPY FORWARDED TO: 1 APPELLANT 2 RESPONDENT 3 CIT 4 CIT(A) 5 DR /TRUE COPY/ BY ORDER DY /AR ITAT MUMBAI