Appeal Details
| RSA Number | 640819914 RSA 2005 |
|---|---|
| Assessee PAN | AAACJ2289F |
| Bench | Mumbai |
| Appeal Number | ITA 6408/MUM/2005 |
| Duration Of Justice | 5 year(s) 3 month(s) 16 day(s) |
| Appellant | ACIT CENT. CIR. 17 &28, MUMBAI |
| Respondent | M/s. J.B. BODA & CO. P. LTD., MUMBAI |
| Appeal Type | Income Tax Appeal |
| Pronouncement Date | 17-02-2011 |
| Appeal Filed By | Department |
| Order Result | Dismissed |
| Bench Allotted | J |
| Tribunal Order Date | 17-02-2011 |
| Date Of Final Hearing | 17-02-2011 |
| Next Hearing Date | 17-02-2011 |
| Assessment Year | 1992-1993 |
| Appeal Filed On | 31-10-2005 |
| Judgment Text |
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES J MUMBAI BEFORE SHRI R V EASWAR PRESIDENT AND SHRI B RAMAKOTAIAH ACCOUNTANT MEMBER I T A NO: 6408/MUM/2005 (ASSESSMENT YEAR: 1992-93) ASSISTANT COMMISSIONER OF INCOME TAX APPELLANT CENTRAL CIRCLE 17 & 28 MUMBAI VS M/S J B BODA & CO. PVT. LTD. MUMBAI RESPONDENT (PAN: AAACJ2289F) APPELLANT BY: MR K SINGH RESPONDENT BY: MRS INDRA G ANAND O R D E R R V EASWAR PRESIDENT: THIS APPEAL WAS ORIGINALLY DISPOSED OF BY THE TRIB UNAL BY ORDER DATED 31.10.2008. THEREAFTER BY ORDER DATED 09.07.2009 IN MISCELLANEOUS APPLICATION NO: 225/MUM/2009 FILED BY THE REVENUE THE TRIBUNAL DIRECTED THE APPEAL TO BE POSTED AGAIN BUT ONLY FOR THE PURPOSE OF DECIDING GROUND NO.2 WHICH HAD MISSED T HE ATTENTION OF THE TRIBUNAL WHEN THE APPEAL WAS DISPOSED OF ORI GINALLY. THAT IS HOW THE MATTER IS BEFORE US. 2. GROUND NO.2 IS THAT ON THE FACTS AND CIRCUMSTANC ES OF THE CASE THE CIT(A) ERRED IN DIRECTING THE ASSESSING O FFICER TO ALLOW DEDUCTION OF ` 1 29 41 830/- UNDER SECTION 80-O OF THE INCOME TAX ACT 1961 DISREGARDING THE PROVISIONS OF SECTION 8 0AB AS AGAINST ` 69 70 127/- ALLOWED BY THE ASSESSING OFFICER. 3. AT THE TIME OF THE HEARING THE LEARNED REPRESENT ATIVE FOR THE ASSESSEE DREW OUR ATTENTION TO THE JUDGMENT OF THE BOMBAY HIGH ITA NO: 6408/MUM/2005 2 COURT DATED 18.10.2010 IN INCOME TAX APPEAL NO. 322 4 OF 2009 RENDERED IN THE ASSESSEES OWN CASE. A COPY OF THE SAID JUDGMENT WAS FILED AND IT WAS SUBMITTED THAT THE GROUND IS C OVERED IN FAVOUR OF THE ASSESSEE BY THE AFORESAID JUDGMENT. WE HAVE CAREFULLY GONE THROUGH THE SAME. THE LEARNED DEPARTMENTAL REPRESE NTATIVE ALSO AGREES THAT THE JUDGMENT COVERS THE GROUND IN FAVOU R OF THE ASSESSEE. ACCORDINGLY RESPECTFULLY FOLLOWING THE JUDGMENT OF THE HIGH COURT WE UPHOLD THE DECISION OF THE CIT(A) AN D DISMISS THE GROUND. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ON 17 TH FEBRUARY 2011. SD/- SD/- (B RAMAKOTAIAH) (R V EASWAR) ACCOUNTANT MEMBER PRESIDENT MUMBAI DATED 17 TH FEBRUARY 2011 SALDANHA COPY TO: 1. M/S J B BODA & CO. PVT. LTD. MAKER BHAVAN NO.1 SIR V T MARG NEW MARINE LINES MUMBAI 400 020 2. ACIT CENTRAL CIRCLE 17 & 28 MUMBAI 3. CIT-CENTRAL II MUMBAI 4. CIT(A)-CENTRAL IV MUMBAI 5. DR J BENCH TRUE COPY BY ORDER ASSTT. REGISTRAR ITAT MUMBAI
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