Marine Container Services, Mumbai vs. DCIT 12 (2), Mumbai
In the result this ground of appeal is allowed for statistical
ITA 4158/MUM/2016[2011-12]Status: DisposedITAT Mumbai08 Aug 2018AY 2011-12
Bench: Shri B.R. Baskaran & Shri Pawan Singhm/S Marine Container Services, Dy.Cit, Circle-17(2), Room No. 123, 1St Floor, 71, World Trade Centre, Cuffe Parade, Vs. Aayakar Bhavan, M.K. Road, Mumbai-400005. Mumbai-20. Pan: Aaafm9838J Appellant Respondent Appellant By : Shri B.V. Jhaveri (Ar) Respondent By : Shri T.A. Khan (Dr) Date Of Hearing : 16.05.2018 Date Of Pronouncement : 08.08.2018 Order Under Section 254(1)Of Income Tax Act Per Pawan Singh;
For Appellant: Shri B.V. Jhaveri (AR)For Respondent: Shri T.A. Khan (DR)
Section 143(3)Section 23(1)(a)Section 253Section 254(1)
…ing on the AO, if the AO can show that rateable value under the municipal law does not represent the correct fair rent. In coming to the above conclusion, the Bench has followed the decision of the Patna High Court in the case of Kashi Prasad Katarvka Vs. CIT 101 ITR 810 (Patna). We find that the Bombay High Court which is the jurisdictional High Court has held that the rateable value under the municipal law has to be adopted as annual value u/s.23(1)(a) of the Act and therefore the decision in the case f Makrupa Chemicals (supra) to the contrary cannot be ITA No. 4158 Mum 2016 - M/s Marine Container Services f…