DCIT CEN CIR 13, MUMBAI vs. A.B. CORPN LTD, MUMBAI

IN THE INCOME-TAX APPELLATE TRIBUNAL “A” BENCH MUMBAI BEFORE SHRI G.S. PANNU, ACCOUNTANT MEMBER AND SHRI PAWAN SINGH, JUDICIAL MEMBER (Assessment Year 2005-06) ACIT Central Circle-13, M/s A B Corporation Ltd. Room No. 1103, 11th Floor, Janak, 13th North South Road, Old CGO Building, (Annex), JVPD Scheme, Juhu, M.K. Road, Mumbai-20. Vs. Mumbai-400049. PAN: AAACA5553D Appellant Respondent Appellant by : Shri R.P. Meena (CIT-DR) Respondent by : Shri Bhupendra Karkhanis (AR) Date of Hearing : 02.05.2018 Date of Pronouncement : 31.05.2018 ORDER PER PAWAN SINGH, JUDICIAL MEMBER;

The Revenue has raised the following grounds of appeal:

(i) “On the facts and circumstances of the case and in law, the learned CIT(A) erred in deleting the disallowance of expenditure of Rs. 30 crores being payment made for acquiring brand which was of capital nature and not allowable as per provisions of the I T Act, 1961. ”

On appeal before the ld. CIT(A), the same was allowed as revenue expenditure, on the basis of decision of Tribunal for A.Y. 1995-96 vide order dated 05.06.2006 in ITA No. 4452/Mum/2000. Thus, further aggrieved by the order of ld. CIT(A), the Revenue has filed the present appeal before us. 3. At the outset of hearing, the ld. Authorized Representative (AR) of the assessee submits that the ground of appeal raised by Revenue is covered in favour of assessee in case for A.Y. 1995-96 in dated 05.06.2006. On the other hand, the ld. Departmental Representative (DR) for the Revenue submits that the department has already filed appeal against the said order before the Hon’ble Bombay High Court. Therefore, the ld. DR for the Revenue supported the order of Assessing Officer.

4. We have considered the rival submission of the parties and have gone through the orders of authorities below and the order passed by Co- ordinate Bench of Tribunal for A.Y. 2005-06. We have noted that the identical grounds of appeal was raised in appeal for A.Y. 1995-96 and the Tribunal vide order dated 05.06.2006 allowed the similar ground of appeal in favour of assessee. The ld. CIT(A) allowed the relief to the assessee on the basis of order of Tribunal. Thus, respectfully following the decision of 2 ITA No.2840/M/13- M/s A B Corporation Ltd. Tribunal, copy of which is placed on record. Therefore, we do not find any merit in the grounds of appeal raised by Revenue. Thus, considering the decision of Tribunal, we find that ground of appeal raised by Revenue is covered in favour of assessee and the same is dismissed.