NILKANT TECH PARK P LTD,MUMBAI vs. CIT 8, MUMBAI
In the result, appeal filed by the assessee is allowed
ITA 3511/MUM/2014[2009-10]Status: DisposedITAT Mumbai19 May 2017AY 2009-10
Bench: Shri G.S. Pannu & Shri Pawan Singhm/S Nilkanth Tech Park Pvt. Ltd. C.I.T.-8, Citimall, New Link Road, Mumbai. Vs. Andheri (W), Mumbai-400053 Pan: Aaccn0341G (Appellant) (Respondent)
For Respondent: Shri N.P. Singh (CIT-DR)
Section 143(3)Section 253Section 254(1)Section 263Section 45Section 45(2)Section 73
…t be treated as prejudicial to the interest of Revenue unless the views taken by AO are inconsistent by law. In support of his submission, ld. DR for Revenue relied upon the decision of Hon’ble Supreme Court in case of Malabar Industries Company Ltd. vs. CIT (234 ITR 83) and Smt. Taradevi Aggarwal vs. CIT (1973) 88 ITR 323. The ld. DR further argued that incorrect assumption of fact by AO renders the assessment order as erroneous as held in CIT vs. Amalgamation (238 ITR 963). The AO completely omitted the issue in question from consideration and pass the assessment order arbitrarily in arbitrary manner, which ren…