MAHINDRA TRUCKS AND BUSES LIMITED,MUMBAI vs. DCIT-2(2)(2), MUMBAI
In the result, appeal filed by the assessee is partly allowed
ITA 519/MUM/2018[2013-14]Status: DisposedITAT Mumbai28 Apr 2022AY 2013-14
Bench: Shri Prashant Maharishi, Am & Shri Sandeep Singh Karhail, Jm Mahindra Two Wheelers Ltd, The Dy. Commissioner Of (Formerly Mahindra Trucks Income Tax, 2(2)(2), Ayakar & Buses Ltd.) Bhavan, M.K. Road, Mumbai- Vs. Gateway Building, Apollo 400 020 Bunder, Mumbai-400 001 (Appellant) (Respondent) Pan No. Aaacm7863L
For Appellant: Ms. Karishma Phatarphekar &For Respondent: Ms. Vatsalaa Jha, CIT DR
Section 143(3)Section 144C(13)Section 194HSection 201Section 40aSection 92C
…g a second chance to the revenue and therefore no remand is warranted for verification of provisions of Section 40A (2) of the act. Very heavy reliance was placed on the decision of the honourable Bombay High Court in CIT versus V S Dempo and Co (private) Ltd 336 ITR 29 (Bombay). We find that in that particular decision the honourable Bombay High Court has given a categorical answer that the provisions of Section 40A (2) was not attracted in that particular cases because the subsidiary company was not at all related person of the assessee within the meaning of the provisions of Section 40A (2) (b) of the act. No…