M/S. B.S. INTERNATIONAL, MUMBAI v. THE ACIT 17-(3), MUMBAI

ITA 691/MUM/2008 | 1999-2000
Pronouncement Date: 13-01-2010 | Result: Allowed

Appeal Details

RSA Number 69119914 RSA 2008
Assessee PAN AAAFB1735D
Bench Mumbai
Appeal Number ITA 691/MUM/2008
Duration Of Justice 1 year(s) 11 month(s) 12 day(s)
Appellant M/S. B.S. INTERNATIONAL, MUMBAI
Respondent THE ACIT 17-(3), MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 13-01-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted I
Tribunal Order Date 13-01-2010
Date Of Final Hearing 08-01-2010
Next Hearing Date 08-01-2010
Assessment Year 1999-2000
Appeal Filed On 31-01-2008
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH I MUMBAI. BEFORE SHRI SHRI J. SUDHAKAR REDDY ACCOUNTANT MEMB ER AND SHRI V.D. RAO JUDICIAL MEMBER. I.T.A. NO. 69 1 & 692/MUM/2008 ASSESSMENT YEARS : 1999-2000 & 2002-2003 . M/S B.S. INTERNATIONAL ASSTT. COMMISSIONER OF 37 BARRISTER NATH PAI MARG VS. INCOME TAX-17(3) COTTON GREEN MUMBAI. MUMBAI 400 033. PAN : AAAFB1735D APPELLANT RESPONDENT APPELLANT BY : NONE RESPONDENT BY : SHRI AJAYKUMA R SRIVASTAVA. O R D E R PER J. SUDHAKAR REDDY A.M. BOTH THESE APPEALS ARE FILED BY THE ASSESSEE DIRE CTED AGAINST THE SEPARATE BUT IDENTICAL ORDERS OF THE CIT(APPEAL S)-XXVII MUMBAI DATED 28-11-2007. AS THE ISSUE ARISING OUT OF BOTH THESE APPEALS IS COMMON FOR THE SAKE OF CONVENIENCE THEY ARE HERD TOGETHER AND DISPOSED OF BY WAY OF THIS COMMON ORDER. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE DESPIT E ISSUAL OF NOTICE. THERE IS NO LETTER SEEKING ADJOURNMENT NOR ANY COUNSEL FILED HIS POWER OF ATTORNEY IN THIS CASE. UNDER THESE CIRCUMS TANCES WE ARE OF THE CONSIDERED OPINION THAT THE ISSUE SHOULD BE DISPOSE D OF ON MERITS QUA THE ASSESSEE AFTER HEARING THE LEARNED DR SHRI AJAY KU MAR SRIVASTAVA. 2 3. HEARD THE LEARNED DR SHRI AJAY KUMAR SRIVASTAV A. THE ASSESSEE HAS FILED THESE APPEALS CHALLENGING THE OR DERS OF THE CIT(APPEALS) IN CONFIRMING THE ACTION OF THE AO IN DISALLOWING THE CLAIM FOR DEDUCTION U/S 80HHC IN RESPECT OF THE EXP ORT INCENTIVE OF DEPB OF RS.1 83 13 310/- FOR ASSESSMENT YEAR 1999-2 000 AND RS.1 55 50 793/- FOR ASSESSMENT YEAR 2002-2003. 4. THIS ISSUE IS COVERED BY THE DECISION OF THE SP ECIAL BENCH OF THE TRIBUNAL IN THE CASE OF TOPMAN EXPORTS VS. ITO (2009) 318 ITR (AT) 87 (MUM.) (S.B.). IN VIEW OF THE ABOVE DECISION WE SET ASIDE THE ISSUE TO THE FILE OF THE AO FOR FRESH ADJUDICATION IN ACCORD ANCE WITH LAW. 5. IN THE RESULT BOTH THE APPEALS ARE ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED ON THIS 13 TH DAY OF JANUARY 2010. SD/- SD/- (V.D. RAO) (J. SUDHAKARY REDDY) JUDICIAL MEMBER. ACCOUNTANT MEMBER. MUMBAI DATED : 13 TH JANUARY 2010. WAKODE COPY FORWARDED TO : 1. APPELLANT 2. RESPONDENT 3. C.I.T. 4. CIT(A) 5. DR I-BENCH (TRUE COPY) BY ORDER ASSTT.REGISTRAR ITAT MUMBAI BENCHES