DCIT RG. 3(1), Mumbai vs. M/S. I.C.I.C.I. Ltd., Mumbai
In the result, assessee’s appeals as well as Revenue’s appeals, all are allowed partly for statistical purposes as indicated above
ITA 4826/MUM/2004[2000-2001]Status: DisposedITAT Mumbai31 Jan 2017AY 2000-2001
Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am Icici Bank Ltd, (Erstwhile Icici Ltd.), Vs. D.C.I.T, Range 3 (1), Icici Bank Towers, Bandra Kurla Aayakar Bhavan, Mumbai-20 Complex, Bandra (East), Mumbai -51 Pan: Aaact 1398K Appellant .. Respondent D.C.I.T, Range 3 (1), Vs. Icici Bank Ltd, (Erstwhile Icici Aayakar Bhavan, Mumbai-20 Ltd.), Icici Bank Towers, Bandra Kurla Complex, Bandra (East), Mumbai -51. Pan: Aaact 1398K Appellant .. Respondent
Section 143(3)
…business and commercial rights acquired at the time of merger being in the nature of goodwill should have been allowed in term of the decision of the Hon’ble Supreme Court in the case of CIT v. Smiffs Securities Page 13 of 34 ITA No.4657&4826/Mum/2004 Ltd. 348 ITR 307 (SC) and as regards to interest on capitalization of building ought to have been allowed as revenue expenditure following the decision of the Hon’ble Bombay High Court in the case of CIT v. Tata Chemicals 175 CTR 433 (Bom). On query from the bench, the learned Sr. DR fairly conceded that let the facts be examined by the AO because none of the aut…