India Medtronic P.Ltd, Mumbai vs. Asst CIT 10(1)(1), Mumbai
In the result, the appeal of the assessee is partly allowed
ITA 2160/MUM/2017[2012-13]Status: DisposedITAT Mumbai27 May 2019AY 2012-13
Bench: Shri Mahavir Singh & Shri Rajesh Kumarit(Tp)A No.2160/Mum/2017 Assessment Year : 2012-13 India Meditronic Pvt. Ltd., Acit 10(1)(1) 1241 Solitaire Corporate Park, Mumbai Vs. Bldg. No.12, 4Th Floor, Andheri Ghatkopar Link Road, Andheri (East), Mumbai 400 093
For Appellant: Shri Rajan R VoraFor Respondent: Shri Jayant Kumar
Section 143(3)Section 144C(13)Section 92B
…we also found that in AY 2007-08, the Hon'ble CIT(A) has allowed the assessee’s ground by placing reliance on the decisions in case of CIT v Oswal Agro Mills (197 Taxman 25) (HC), Swati Synthetics Ltd v ITA (38 SOT 208) (Mumbai ITAT) and Allied Photographics (8 SOT 318) (Mumbai ITAT). The Department has filed an appeal before the Hon'ble ITAT for AY 2007-08. However, the aforementioned issue was not taken in appeal by the Department before ITAT. We also found that Department accepted CIT(A) order for AY 2002-03. The CIT(A) has accepted the principle that with the introduction of concept of WDV of block of assets,…