Indusind Bank Limited, Mumbai vs. Pr. Commissioner of Income Tax -2, Mumbai
In the result, the appeal of the assessee is hereby ordered to be allowed
ITA 2588/MUM/2019[2013-14]Status: DisposedITAT Mumbai28 Aug 2019AY 2013-14
Bench: Shri M. Balaganesh, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.2588/Mum/2019 (ननधधारण वर्ा / Assessment Years: 2013-14) बनधम/ M/S. Indusind Bank Ltd Pr. Chief Commissioner Of 8Th Floor, Tower No.1, Income-Tax-2 Vs. Room No.344, 3Rd Floor, One India Bulls Centre, Aayakar Bhavan, M.K. 841, Senapati Bapat Marg, Road, Mumbai-400020. Elphistone Road, Mumbai- 400013. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaaci1314G (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri Karthik Natarajan (Ar) Revenue By: Shri Awungshi Gimson (Dr) सुनवाई की तारीख / Date Of Hearing: 07/08/2019 घोषणा की तारीख /Date Of Pronouncement: 28/08/2019 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 28.03.2019 Passed By The Principal Commissioner Of Income Tax-2, Mumbai [Hereinafter Referred To As The “Pcit”] Relevant To The A.Y.2013-14 In Which The Principal Commissioner Of Income Tax-2 Has Invoked The Provisions U/S 263 Of The I.T. Act, 1961. 2. The Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income On 29.11.2013 Declaring Total Income To The Tune Of Rs.1556,56,31,880/- For The A.Y. 2013-14. Thereafter, The Assessment Was Completed U/S 143(3) Of The Act On 28.12.2016 Assessing The Total Income To The Tune Of Rs.1725,96,68,536/-. On Verification, It Was Found That The Order Dated 28.12.2016 Was Prejudicial To The Interest Of The Revenue & Requires Revision. The Notice Was Issued To The Assessee On The Following Grounds: - “On Examination Of The Records It Is Seen That Deduction To The Tune Of Rs.3,22,50,564/- Has Been Allowed To The Assessee U/S 35D Of The I.T. Act, 1961. However, It Was Noticed That The Said
For Appellant: Shri Karthik Natarajan (AR)For Respondent: Shri Awungshi Gimson (DR)
Section 143(3)Section 263Section 35D
…2)/remand report2016-17 dated 27.06.2016 in which the AO stated that assessee has not claimed the said expenses either in the original or in the revised return and submitted that in view of the decision of Hon’ble Supreme Court in the case of Goetz India Ltd. 284 ITR 323 and Gurjargravurs Pvt. Ltd. 111 ITR 1 wherein it has been held that if claim is not made before the AO, the AAC can not entertain such claim in the appeal proceedings. The AO stated that the assessment order was passed after giving reasonable and adequate opportunities to the assessee and therefore requested to uphold the disallowance. 19. The Ld…