SHIVALIK VENTURES P. LTD,MUMBAI vs. DCIT (OSD-1), MUMBAI
In the result, appeal of the Revenue is dismissed and the appeal of the
ITA 5407/MUM/2015[2012-13]Status: DisposedITAT Mumbai19 Sept 2018AY 2012-13
Bench: Shri B.R. Baskaran & Shri Pawan Singhm/S Shivalik Ventures Pvt. Ltd. Acit Cc-4(2), Plot No. 756, Staney Fernandes Aayakar Bhavan, .M. K. Road, Wadi, D S Babrekar Marg, Vs. Mumbai-400020. Dadar (W), Mumbai-400028. Pan: Aalcs7683R Appellant Respondent Acit Cc-4(2), M/S Shivalik Ventures Pvt. Ltd. Aayakar Bhavan, .M. K. Road, Plot No. 756, Staney Fernandes Mumbai-400020. Vs. Wadi, D S Babrekar Marg, Dadar (W), Mumbai-400028. Pan: Aalcs7683R Appellant Respondent Appellant By : Shri Vijay Mehta, Anuj Kisnadwala (Ar) Respondent By : Shri Manjunatha Swamy (Cit-Dr), Rajeev Gubgotra Date Of Hearing : 31.08.2018 Date Of Pronouncement : 19.09.2018 Orderunder Section 254(1)Of Income Tax Act Per Pawan Singh; 1. These Cross Appeals Filed Under Section 253 Of The Act Are Directed Against
For Appellant: Shri Vijay Mehta, Anuj Kisnadwala (AR)For Respondent: Shri Manjunatha Swamy (CIT-DR), Rajeev Gubgotra
Section 132Section 143(3)Section 253Section 254(1)
…o contend that the expenses, which are incurred wholly and exclusively for the purposes of business alone are deductible. The Ld D.R, by placing reliance on the following observations made by Hon’ble Rajasthan High Court in the case of Jaipur Electro P Ltd (134 CTR 237)(Raj.) submitted that the principle that the businessman is the best judge does not affect the duty of the AO to examine as to whether the expenditure was incurred wholly and exclusively for the purposes of business:- “11. The general principle underlying s. 37(1) of the Act is that an expenditure which is found to have been wholly and exclusi…