ITO 6(1)(2), MUMBAI vs. ARISTO REALTY DEVELOPERS LTD, MUMBAI
In the result, the appeal is partly allowed
ITA 4669/MUM/2016[2011-12]Status: DisposedITAT Mumbai18 Apr 2018AY 2011-12
Bench: Shri Joginder Singh () & Shri N.K. Pradhan () Assessment Year: 2011-12 Income Tax Officer-6(1)(2), M/S Aristo Reality R. No. 508, 5Th Floor, Aayakar Vs. Development Ltd. Bhavan, M.K. Road, 601, Symphony Mumbai-400020. Nehru Road, Vile Parle (E), Mumbai-400057 Pan No. Aaacl0593J Appellant Respondent Revenue By : Ms. Aarju Garodia, Dr Assessee By : Mr. Dilip Lakhani, Ar Date Of Hearing : 13/03/2018 Date Of Pronouncement : 18/04/2018
For Appellant: Mr. Dilip Lakhani, ARFor Respondent: Ms. Aarju Garodia, DR
Section 143
…tion was an expenditure laid out wholly and exclusively for the purposes of business. In the Income Tax Act, each year is a self-contained separate period. In CIT v. Sanjeev Woollen Mills (2003) 264 ITR 68, 75 (Bom), Kotak Mahindra Finance Ltd. v. DCIT (2004) 265 ITR 114, 119 (Bom.), it has been held that under the income-tax law, each year constitutes a separate unit. It is a settled law that the doctrine of res judicata or estoppel by record does not apply to AO’s decisions. A finding or decision of the income tax authorities in one year may be departed from in a subsequent year. It has been held so in New Jeha…