DCIT CC 6(3), MUMBAI vs. PIPAVAV DEFENCE OFFSHORE & ENGINEERUBG CO. LTD, MUMBAI

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ITA 4223/MUM/2016Status: DisposedITAT Mumbai14 August 2018AY 2008-093 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that since the grounds of appeal were identical to those previously adjudicated by the ITAT, and the Revenue's appeal was dismissed, there was no merit in the present appeal.

What were the facts?

The Revenue appealed against the CIT(A)'s order concerning assessment year 2008-09. The Assessing Officer had made additions similar to those in a previous scrutiny assessment. The ITAT noted that the Revenue's appeal on identical grounds had already been dismissed.

What were the issues?

Whether the business was set up, deductibility of expenses, and disallowance of interest expenses under Section 14A when identical issues were previously decided.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 153A,Section 14A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “G” BENCH, MUMBAI

Before: SHRI SHAMIM YAHYA, AM & SHRI C. N. PRASAD, JM

For Appellant: Shri K. S. Rajendra Kumar
For Respondent: Shri Jitendra Sanghavi/, Shri Deepak M. Jain
Hearing: 12.06.2018Pronounced: 14.08.2018

O R D E R Per Shamim Yahya, A. M.: This appeal by the Revenue is directed against the order of the ld. Commissioner of Income Tax (Appeals) – 54, Mumbai dated 09.03.2016 and pertains to assessment year 2008-09.

2.

The grounds of appeal

read as under: 1. "Whether on the facts and in the circumstances of the case and in law, the Ld, CIT(A) is justified in holding that the business of the assessee was set up during the previous year under consideration while the assessee has not done any business activity during the previous year under consideration.

2. "Whether on the facts and in the circumstances of the case and in law, the Ld. CIT(A) is justified in holding that the general administrative expenses are deductible as revenue expenses and interest income of the assessee is assessable to tax as income from business and profession while the business of the assessee was not set up during the previous year under consideration.

3. "Whether on the facts and in the circumstances of the case and in law, the Ld. CIT(A) is justified in deleting the disallowance u/s.14A w.r.t. to interest expenses

M/s. Pipavav Defence Offshore & Engineering Co. Ltd. of Rs. 49,97,97,672/- while the assessee has not maintained separate pool of funds for general operating expenses and for capital expenses and investment." The appellant prays that the order of Commissioner of Income-tax (Appeal) on the above ground be set aside and that of the Assessing Officer be restored. The appellant craves leave to amend or alter any grounds or add a new ground which may be necessary.

3.

We have heard both the counsel and perused the records. We find that the present assessment order has been passed u/s. 143(3) r.w.s. 153A pursuant to search dated 21.08.2012. All the additions made and as referred in the grounds of appeal were already made in the scrutiny assessment done on 30/12/2010. The matter was adjudicated by the ld. Commissioner of Income Tax (Appeals) and the matter also travelled to the ITAT.

The assessing officer in the present case has repeated the additions made in the earlier scruitiny assessment. As referred above this was subsequently a subject matter of appeal before the ld. Commissioner of Income Tax (Appeals) and the ITAT. The ITAT vide order dated 31/8/2017 in has dismissed the Revenues appeal.

The grounds of appeal before the ITAT were as under:

1. Whether on the facts and in the circumstances of the case and in law, the Ld.CIT(A) is justified in holding that the business of the assessee was set up during the previous year under consideration while the assessee has not done any business activity during the previous year under consideration.

2. Whether on the facts and in the circumstances of the case and in law, the Ld.CIT(A) is justified in holding that the general administrative expenses are deductible as revenue expenses and interest income of the assessee is assessable to tax as income from business and profession while the business of the assessee was not set up during the previous year under consideration. 3. Whether on the facts and in the circumstances of the case and in law, the Ld.CIT(A) is justified in deleting the disallowance u/s.14A w.r.t. to interest expenses of Rs.49,97,97,672/- while the assessee has not maintained separate pool of funds for general operating expenses and for capital expenses and investment.

M/s. Pipavav Defence Offshore & Engineering Co. Ltd. 4. Since grounds raised in this appeal were already dealt with by the ITAT in its order as above and the Revenues appeal has been dismissed, we do not find any merit in this appeal filed by the revenue. Accordingly the same stands dismissed.

5.

In the result, the appeal filed by the Revenue stands dismissed. Order pronounced in the open court on 14.08.2018 Sd/- Sd/- (C. N. Prasad) (Shamim Yahya) Judicial Member Accountant Member Mumbai; Dated : 14.08.2018 Roshani, Sr. PS Copy of the Order forwarded to : 1. The Appellant 2. The Respondent 3. The CIT(A) 4. CIT - concerned 5. DR, ITAT, Mumbai 6. Guard File BY ORDER,

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