KAVITA MARKETING P.LTD,MUMBAI vs. ITO 5(2)(2), MUMBAI
In the result, appeal of the assessee is partly allowed
ITA 4886/MUM/2014[2009-10]Status: DisposedITAT Mumbai15 Jun 2016AY 2009-10
Bench: Shri G.S.Pannu & Shri Joginder Singhm/S. Kavita Marketing Pvt. Ltd., C/O. Shri Prakash Jhunjunwala, Chartered Accountant, 5,Jolly Bhawan No.2, Gr. Flr., 7, New Marine Lines,Churchgate, Mumbai 400 020. Pan:Aaack 2103P ... Appellant Vs.
For Appellant: Shri Prakash JhunjhunwalaFor Respondent: Shri Aarsi Prasad
Section 143(3)
…In support of the submissions that such charges are not taxable under the head “house property income” but under the head “business income” he has relied upon various decisions namely; (i) A.R. Complex vs. ITO, 292 ITR 615(Mad);(ii) CIT vs. Sarabhai (P) Ltd.,263 ITR 197 (Guj); and, (iii) ACIT vs. Vijay S. Mallya, 52 SOT 0197 (URO). 5. On the other hand, Ld. Departmental Representative has supported the stand of the lower authorities by reiterating the arguments contained in the respective orders, which we have already adverted to in the paras above and are not being repeated for the sake of brevity. 6. We have…