JEWEL ART,MUMBAI vs. DCIT CEN CIR 13, MUMBAI
In the result, appeal of the assessee is allowed
ITA 4908/MUM/2015[2010-11]Status: DisposedITAT Mumbai07 Oct 2016AY 2010-11
Bench: Shri R.C.Sharma & Shri Pawan Singhm/S Jewel Art Dcit, Cc-13, Gala No. 19/22, Gem & Jewellery [Now Dcit, Cc-2(3)], Mumbai. Complex No. Ii, Seepz, Vs. Andheri (E), Mumbai-400096. Pan: Aacfj2646R (Appellant) (Respondent) Assessee By : Shri Rishabh Shah (Ar) Revenue By : Shri Jeevanlal Lavedia (Dr) Date Of Hearing : 06.10.2016 Date Of Pronouncement : 07.10.2016 O R D E R Per Pawan Singh, Jm: 1. This Appeal U/S 253 Of The Income-Tax Act Is Directed By The Assessee Against The Order Of Cit(A)-48, Mumbai Dated 05.08.2015 For Assessment Year (Ay) 2010-11. 2. Brief Facts Of The Case Are That A Search & Seizure Action U/S 132 & Survey U/S 133A Of The Income-Tax Act Was Carried Out In Case Of Asian Star Group On 29.10.2010. Consequent Upon Search, The Notice U/S 153 Of The Act Was Issued To The Assessee. In Response To The Notice, Assessee Filed Return Of Income On 27.09.2011. While Framing The Assessment U/S 143(3) R.W.S. 153A, The Assessing Officer (Ao) Besides The Other Addition Made The Addition Of Rs. 44,59,441/- Holding That The Income From Other Sources Which Was Earned As Interest On Fd’S Is Not Eligible For Exemption U/S 10A. Aggrieved By The Order Of Ao, Assessee Filed Appeal Before The Cit(A)
For Appellant: Shri Rishabh Shah (AR)For Respondent: Shri Jeevanlal Lavedia (DR)
Section 10ASection 10A(4)Section 132Section 133ASection 143(3)Section 153Section 253Section 80I
…see mentioned that the temporary deployment of funds should be assessed as 'business income' and not as 'income from other sources' as treated by the Assessing Officer. In this regard, Ld Counsel relied on the following decisions. i) CIT vs. Vidyut Steel Ltd. 219 ITR 30 (AP) ii) CIT vs. Koshika Telecom Ltd 287 ITR 479 (Del) iii) CIT vs. Karnal Cooperative Sugar Mills Ltd 243 ITR 2 (SC) iv) CIT vs. Indo Swiss Jewells Ltd 284 ITR 389 (8om) 15. On the other hand, Ld OR dutifully relied on the order of the AO. 16. We have heard both the parties and perused the orders of the Revenue Authorities as well as citations qu…