M/s. Cummins Technologies India Limited (EARLIER KNOWN AS TATA HOLSET LIMITED), Dewas v. The Addl. Commissioner of Income Tax Range-1, Ujjain

1 INCOME TAX APPELLATE TRIBUNAL INDORE BENCH INDORE BEFORE SHRI JOGINDER SINGH JUDICIAL MEMBER AND SHRI R.C. SHARMA ACCOUNTANT MEMBER M.A. NO. 28/IND/2013 (ARISING OUT OF ITA NO. 572/IND/2012 A.Y.2006-07 CUMMINS TECHNOLOGIES INDIA LTD. (EARLIER KNOWN AS TATA HOLSET LIMITED) DEWAS PAN AABCT 2018 B :: APPLICANT VS ADDL.COMMISSIONER OF INCOME TAX RANGE 1 UJJAIN :: RESPONDENT ASSESSEE BY SHRI ARVIND MANTRI REVENUE BY SHRI R.A. VERMA DATE OF HEARING 25.10.2013 DATE OF PRONOUNCEMENT 25.10.2013 O R D E R PER JOGINDER SINGH JUDICIAL MEMBER THIS MISCELLANEOUS PETITION IS BY THE ASSESSEE SE EKING RECTIFICATION IN THE ORDER OF THE TRIBUNAL DATED 22 ND MARCH 2013 ON THE GROUND THAT THE DETAILS OF EXPENDITURE FOR O BTAINING LEASEHOLD LAND FROM MPAKVN ARE AVAILABLE IN THE PAP ER BOOK AT PAGES 178 AND 227 TO 247 OF THE PAPER BOOK INDICATI NG THAT THE EXPENDITURE OF RS.58 75 159/- INCLUDES SOME OF RS.8 56 395/- 2 PAID AS STAMP DUTY AND REGISTRATION CHARGES THEREF ORE FOLLOWING THE DIRECTION CONTAINED IN PARA 4.6 OF THE IMPUGNED ORDER THE EXPENDITURE INCURRED AS STAMP DUTY AND REGISTRATION CHARGES MAY BE CONSIDERED A REVENUE IN NATURE. THIS ASSERTI ON OF THE ASSESSEE WAS NOT CONTROVERTED BY THE REVENUE. 2. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PER USED THE MATERIAL AVAILABLE ON RECORD. IN VIEW OF THE ABOVE PARA 4.3 (PAGE 11) OF THE ORDER OF THE TRIBUNAL DATED 22 ND MARCH 2013 IS MODIFIED/RECTIFIED ONLY TO THE EXTENT THAT THE SUM OF RS.58 79 159/- INCLUDES THE AMOUNT OF RS.8 56 395/- PAID AS STAMP DUTY/REGISTRATION CHARGES THEREFORE IT IS H ELD TO BE AN EXPENDITURE OF REVENUE IN NATURE AND THUS THE ASSES SEE IS ENTITLED TO THE CLAIMED RELIEF. WE ORDER ACCORDINGL Y. IN THE RESULT THE MISCELLANEOUS APPLICATION IS ALL OWED. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. REPRESENTATIVES FROM BOTH SIDES AT THE CONCLUSION OF THE HEARING ON 25.10.2013. (R.C.SHARMA) (J OGINDER SINGH) ACCOUNTANT MEMBER JUDICIAL M EMBER DATED: 25.10.2013 COPY TO: APPELLANT RESPONDENT CIT CIT(A) DR GU ARD FILE VYAS/- 3