PALLONJI & CO. P, LTD, MUMBAI v. ITO WD 2(2)(3), MUMBAI

ITA 3843/MUM/2009 | 2004-2005
Pronouncement Date: 06-07-2010 | Result: Allowed

Appeal Details

RSA Number 384319914 RSA 2009
Bench Mumbai
Appeal Number ITA 3843/MUM/2009
Duration Of Justice 1 year(s) 24 day(s)
Appellant PALLONJI & CO. P, LTD, MUMBAI
Respondent ITO WD 2(2)(3), MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 06-07-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted C
Assessment Year 2004-2005
Appeal Filed On 12-06-2009
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES C : MUMBAI BEFORE SHRI D. MANMOHAN VICE PRESIDENT AND RAJENDR A SINGH A.M. ITA. NO. 3843/MUM/2009 ASSESSMENT YEAR 2004-2005 M. PALLONJI & CO. PVT. LTD. MUMBAI 400 001 PAN AAACM-3525-B VS. ITO WARD 2 (2) (3) AAYAKAR BHAVAN MAHARSHI KARVE MARG MUMBAI 400 020. (APPELLANT) (RESPONDENT) FOR APPELLANT : S/SHRI KK. VED & K.J. PATEL FOR RESPONDENT : SHRI P.N. DEVADASAN ORDER PER D. MANMOHAN V.P. 1. THIS APPEAL IS FILED AT THE INSTANCE OF THE ASS ESSEE-COMPANY. AS COULD BE NOTICED FROM THE GROUNDS FILED BEFORE T HE CIT(A) VIDE GROUND NO.3 ASSESSEE CHALLENGED DISALLOWANCE MADE UNDER S ECTION 43B OF THE ACT. HOWEVER BY OVERSIGHT LEARNED CIT(A) DID NOT D ECIDE THE AFOREMENTIONED GROUND AND THUS ASSESSEE PREFERRED AN APPEAL BEFORE US. 2. IT WAS SUBMITTED THAT THE MATTER DESERVES TO BE SET ASIDE TO THE FILE OF THE CIT(A) WITH A DIRECTION TO CONSIDER THE SPECIFIC GROUND URGED BEFORE HIM. IT WAS ALSO SUBMITTED THAT EVEN O N MERITS DISALLOWANCE IS NOT MAINTAINABLE. 3. HAVING REGARD TO THE SUBMISSIONS OF THE LEARNED COUNSEL APPEARING ON BEHALF OF THE ASSESSEE AS WELL AS LEAR NED DR IN THIS REGARD WE ARE OF THE VIEW THAT THE MATTER DESERVES TO BE S ET ASIDE TO THE FILE OF THE CIT(A). AS PRONOUNCED IN THE OPEN COURT WE DIR ECT THE CIT(A) TO CONSIDER THE PLEA OF THE ASSESSEE WITH REGARD TO CO RRECTNESS OF THE DISALLOWANCE MADE BY THE ASSESSING OFFICER UNDER SE CTION 43B OF THE ACT. NEEDLESS TO OBSERVE THAT THE ASSESSEE IS AT LIBERTY TO FURNISH EVIDENCE IF 2 ANY TO PROVE THAT THE PAYMENTS WERE NOT HIT BY SEC TION 43B AND/OTHERWISE PAYMENTS ARE MADE WITHIN THE DUE DATE PERMISSIBLE UNDER THE ACT. WITH THESE OBSERVATIONS APPEAL FILE D BY THE ASSESSEE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ACCORDINGLY. SD/- SD/- (RAJENDRA SINGH) (D.MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDENT MUMBAI DATE 06 TH JULY 2010. VBP/- COPY TO 1. M. PALLONJI & CO. PVT. LTD. C/O. TAJ PRINTING WO RKS 46/A CAWASJI PATEL STREET FORT MUMBAI 400 001 PAN AAACM-3525-B 2. ITO WARD 2 (2) (3) AAYAKAR BHAVAN MAHARSHI KA RVE MARG MUMBAI 400 020. 3. CIT (A)-II MUMBAI 020. 4. CIT CITY-II MUMBAI. 5. D.R. C BENCH 6. GUARD FILE. (TRUE COPY) BY ORDER ASST. REGISTRAR ITAT MUMBAI BENCHES MUMBAI.