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Income Tax Appellate Tribunal, “B” BENCH, MUMBAI
Before: SHRI B.R. BASKARAN (AM) & SHRI AMIT SHUKLA (JM)
The appeal filed by the Revenue is directed against the order dt. 30.10.2012 passed by CIT(A) – 12, Mumbai and relates to Assessment Year 2009-10. The Revenue is aggrieved by the decision of CIT(A) in restricting the disallowance to 2% of 20% of the cash expenses as against the disallowance of 25% of 20% of the cash expenses made by the Assessing Officer.
We heard the parties and perused the record. We noticed that identical disallowances have been made by the Assessing Officer in the 2 M/s. Mega Freight Movers Ltd.
Assessment Year 2008-09 as well as in AY 2010-11 and the Tribunal has upheld the order of the Ld. CIT(A) in restricting the disallowance to 2% of 20% of the cash expenses. The order relating to Assessment Year 2010-11 has been passed by the coordinate bench of the Tribunal on 16.12.2015 in ITA No. 5186/Mum/2013. Thus, we noticed that the order passed by the Ld. CIT(A) is in line with the decision rendered by the Tribunal, and accordingly we do not find any reason to interfere with the order passed by the Ld. CIT(A) for the year under consideration on this issue.
In the result, the appeal filed by the Revenue is dismissed.
Order pronounced in the open court on 4th May, 2016.