BELA INVESTMENT & FIANANCE CO LTD,MUMBAI vs. ITO 8(1)(2), MUMBAI
In the result, the appeal of the revenue is dismissed and both the appeals filed by the assessee stand allowed
ITA 3702/MUM/2016[2010-11]Status: DisposedITAT Mumbai24 Apr 2017AY 2010-11
Bench: Shri D.T.Garasia, Jm & Shri Rajesh Kumar, Am
For Appellant: Shri Rajesh S ShahFor Respondent: Shri Purushottam Kumar
Section 41
…s and passing a very detailed order after considering the submissions and contentions of the assessee. The ld. CIT(A) primarily relying on the decision of the Hon’ble Jurisdictional High Court in the case of CIT V/s General Electrodes and Equipment Ltd (1985) 155 ITR 78 (Bom) and the decision in the case of Protes Engineers Co.Pvt Ltd V/s CIT (1995) 211 ITR 919 (Bom) by holding that there was a direct nexus with the business of the assessee of these unclaimed balances and therefore covered under the provisions of section 28(iv) of the Act as benefit accrued from the business of the assessee. Accordingly, the ld.C…