MULLA & MULLA & CRAIGIE BLUNT & CAORE,MUMBAI vs. JCIT 11(3), MUMBAI
In the result, appeal of the assessee is allowed, as above
ITA 5217/MUM/2013[2005-06]Status: DisposedITAT Mumbai19 Jun 2019AY 2005-06
Bench: Shri G.S. Pannu & Shri Amarjit Singh
For Appellant: Shri P.J. Pardiwala &For Respondent: Shri Rajeev Gubgotra, Sr.AR
Section 143(3)(ii)Section 234ASection 271(1)(c)Section 37
…oria & Co. Vs. ACIT [2010] 125 ITD 122 (Mum.), to say that payment made by the assessee was gratuitous in nature and therefore not allowable. The ld. DR further relied on the decision of Hon’ble Bombay High Court in the case of CIT vs. V. G. Bhuta reported in 203 ITR 249 (Bom). 12. We have carefully considered the rival submissions and considered the material placed before us. The limited controversy before us is whether the payment made by the assessee-firm to retiring partners and legal heirs of the deceased partners in terms of the Partnership Deed amounts to diversion of income by over riding title and thus,…