BHAV VARDHAN TRUST,MUMBAI vs. ITO (E) 1(1), MUMBAI
In the result, the appeal filed by the assessee is partly allowed in terms of our aforesaid observations
ITA 5578/MUM/2016[2008-09]Status: DisposedITAT Mumbai12 Sept 2018AY 2008-09
Bench: Shri G.S. Pannu & Shri Ravish Soodm/S. Bhav Vardhan Trust Income Tax Officer Nirmal Niketan (Exemption) 1(1) Vs. 2, Dr. Bhajekar Street Mumbai, Mumbai 400004 Pan – Aaatb3631Q Appellant Respondent Appellant By: Shri Rajesh P. Shah Respondent By: Shri Abdul Hakem M Date Of Hearing: 28.08.2018 Date Of Pronouncement: 12.09.2018 O R D E R Per Ravish Sood, Jm The Present Appeal Is Directed Against The Order Of The Cit(A)-1, Mumbai, Dated 23.06.2016, Which In Turn Arises From The Order Passed By The A.O Under Section 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As "The Act") Dated 02.12.2010 For A.Y. 2008-09. 2. The Assessee While Assailing The Order Of The Cit(A) Has Raised Before Us The Following Grounds Of Appeal: - “1. On The Facts & Under The Circumstances Of The Case & In Law, The Learned Commissioner Of Income Tax (Appeals) Erred In Confirming The Action Of Ao Of Considering The Tax Claim Of Rs.19,87,100/- As New Claim On The Ground That There Was No Claim Made By Appellant In The Return Of Income. 2. On The Facts & Under The Circumstances Of The Case & In Law, The Learned Commissioner Of Income Tax (Appeals) Erred Confirming The Action Of Ao Of Not Considering The Tax Expenses Of Rs. 19,87,100/- Incurred On The Object Of The Trust. The Ao Ought To Have Allowed The Same As It Is Allowable As Per Law.
For Appellant: Shri Rajesh P. ShahFor Respondent: Shri Abdul Hakem M
Section 11(1)Section 143Section 143(3)
…IN THE INCOME TAX APPELLATE TRIBUNAL "J" Bench, Mumbai Before Shri G.S. Pannu, Accountant Member and Shri Ravish Sood, Judicial Member M/s. Bhav Vardhan Trust Income Tax Officer Nirmal Niketan (Exemption) 1(1) Vs. 2, Dr. Bhajekar Street Mumbai, Mumbai 400004 PAN – AAATB3631Q Appellant Respondent Appellant by: Shri Rajesh P. Shah Respondent by: Shri Abdul Hakem M Date of Hearing: 28.08.2018 Date of Pronouncement: 12.09.2018 O R D E R Per Ravish Sood, JM The present appeal is directed against the order of the CIT(A)-1, Mumbai, dated 23.06.2016, which in turn arises from the order passed by the A.O under Section 143…
