ESJAY INTERNATIONAL P.LTD,MUMBAI vs. ADDL CIT 6(2), MUMBAI

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ITA 1108/MUM/2014Status: DisposedITAT Mumbai17 March 2017AY 2010-112 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal, following its own precedents, decided to remand the issue of disallowance under Section 14A read with Rule 8D and Section 115JB back to the Assessing Officer for fresh adjudication. The AO was directed to provide a reasonable opportunity of being heard to the assessee.

What were the facts?

The assessee's appeal concerned disallowance under Section 14A read with Rule 8D and Section 115JB for AY 2010-11. The assessee presented previous Tribunal orders for AY 2008-09 and 2009-10 where similar issues were remanded.

What were the issues?

The primary issue was the disallowance of expenses under Section 14A read with Rule 8D and the applicability of Section 115JB. The Tribunal considered whether the issue should be remanded based on prior decisions.

Which sections of the Income-tax Act were involved?

Section 14A,Section 115JB

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “E” BENCH, MUMBAI

Before: SHRI D. KARUNAKARA RAO & SHRI SANDEEP GOSAIN

For Appellant: Shri Nishant Thakkar
For Respondent: Ms. Arju Garodia, DR
Hearing: 08.03.2017Pronounced: 17.03.2017

PER D. KARUNAKARA RAO, AM: This appeal filed by the assessee on 19.2.2014 is against the order of the CIT (A)-12, Mumbai dated 4.12.2013 for the assessment year 2010-11. 2. In this appeal assessee raised three grounds in toto and they revolve around the solitary issue relates to the disallowance u/s 14A read with Rule 8D and also u/s 115JB of the Act.

3.

At the outset, Ld Counsel for the assessee filed copies of the orders of the Tribunal in assessee’s own case for the AY 2008-09 in ITA No.6458/M/2011, dated 5.7.2013 and for the AY 2009-10 in ITA No. 6422/M/2013, dated 27.5.2015 and submitted that an identical issue came up for adjudication before the Tribunal and the same was remanded to the file of the AO for fresh consideration and decision in the matter.

4.

After hearing Ld Representatives of both the parties and on perusal of the orders of the orders of the Revenue Authorities as well as the cited decisions of the Tribunal (supra), we find, the precedents filed before the Tribunal guide us to remand the issue, relating to disallowance u/s 14A read with Rule 8D and also u/s 115JB of the Act, to the file of the AO for fresh adjudication and decision with identical directions. Accordingly we order. AO shall grant a reasonable opportunity of being heard to the assessee as per the set principles of natural justice. Accordingly, grounds raised by the assessee are allowed for statistical purposes.

5.

In the result, appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court on 17th March, 2017. (SANDEEP GOSAIN) ACCOUNTANT MEMBER भुंफई Mumbai; ददनांक 17.03.2017 व.नन.स./ OKK , Sr. PS आदेश की प्रतिलऱपि अग्रेपिि/Copy of the Order forwarded to : अऩीराथी / The Appellant 1. 2. प्रत्मथी / The Respondent. 3. आमकय आमुक्त(अऩीर) / The CIT(A)- 4. आमकय आमुक्त / CIT ववबागीम प्रनतननधध, आमकय अऩीरीम अधधकयण, भुंफई / DR,

5.

ITAT, Mumbai 6. गार्ड पाईर / Guard file. सत्मावऩत प्रनत //// आदेशानुसार/ BY ORDER, उि/सहायक िंजीकार (Dy./Asstt.

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