Ramesh Kocha, Mumbai vs. ITO 24(3)(4), Mumbai
Appeal stands allowed for statistical purposes
ITA 1379/MUM/2017[2009-10]Status: DisposedITAT Mumbai23 Mar 2018AY 2009-10
Bench: Shri C.N. Prasad, Jm & Shri Manoj Kumar Aggarwal, Am
For Appellant: Dharmesh Shah,Ld.ARFor Respondent: N.Hemalatha, Ld. DR
Section 143(3)
…se of succession by inheritance. The appeal is accordingly dismissed. No costs. Upon perusal of the same, we find that the court after considering various judicial pronouncements including that of Hon’ble Apex Court rendered in CIT v. Madhukant M. Mehta [2001 247 ITR 805] as relied upon by Ld. AR concluded that the losses of the dissolved firm could not be set-off by the Assessment Year: 2009-10 assessee partner upon succession. We also find that the case of Hon’ble Apex Court rendered in CIT v. Madhukant M. Mehta [2001 247 ITR 805] was factually different since in that case, the erstwhile proprietorship concern…