Rel Utility Engimeers Ltd, Mumbai vs. DCIT 10(1), Mumbai
In the result, the appeal of the assessee is allowed and the appeal of the Revenue is dismissed
ITA 7177/MUM/2013[2009-10]Status: DisposedITAT Mumbai14 Jul 2017AY 2009-10
Bench: Shri Sanjay Garg & Shri Rajesh Kumarassessment Year: 2009-10 M/S. Crest Logistics & Addl. Cit-10(1), Engineers Private Limited, [New Jurisdiction Addl. Cit (Erstwhile Rel Utility 14(3)(1)] Engineers Ltd. Formerly Known Aayakar Bhavan, As Rel Utility Engineers Ltd. M.K. Road, Vs. Formerly Known As Mumbai - 400020 Sonata Investments Ltd.), Devidas Lane, Near Mtnl, Off Svp Road, Borivali (W) – 400 103 Pan: Aaccr 7266A (Appellant) (Respondent) Assessment Year: 2009-10 Dy. Commissioner Of Income M/S. Crest Logistic & Tax-14(1)(2), Engineering Ltd., Room No.470, 4Th Floor, (Formerly Known As Sonata Aayakar Bhavan, Investments Ltd.) Maharshi Karve Road, Vs. 307, Charted House, Mumbai - 400020 297/299, Dr. Cawasji Hormosji Street, New Marine Lines, Mumbai – 400 002 Pan: Aaccr 7266A (Appellant) (Respondent)
For Appellant: Shri Jitendra Sanghvi, A.RFor Respondent: Shri B. Pruseth, D.R
…ant is capital loss. Hence, A.Os treating this loan as capital in nature is correct and disallowance of Rs.69,53,99,282/- is upheld. The appellant had relied on the case laws of Kotak Securities Ltd. v Addl. CIT 318 ITR (AT) 268, CIT v D B (India) Securities 318 ITR 26 (Delhi), Madhur 4 ITA No.7177/M/2013 & ITA No.6931/M/2013 M/s. Crest Logistic & Engineering Pvt. Ltd., (Formerly known as REL Utility Engineers Pvt. Ltd. Formerly known as Sonata Investments Ltd.) Shares & Stock (P.) Ltd. v ACIT 41 SOT 373 (Ahd). On examination of the facts of the above case laws, they are all in the case of only first assignment…