Mahindra Telecommunications Investment P.Ltd, Mumbai vs. ITO 2(2)(3), Mumbai
In the result, the assessee’s appeal is dismissed
ITA 2832/MUM/2012[2008-09]Status: DisposedITAT Mumbai24 May 2016AY 2008-09
Bench: Shri Joginder Singh, Jm & Shri Sanjay Arora, Am आयकर अपील सं./I.T.A. No. 2832/Mum/2012 ("नधा"रण वष" / Assessment Year: 2008-09) Mahindra Telecommunications Income Tax Officer, 2(2)(3), बनाम/ Investment Private Limited Aaykar Bhavan, Mumbai-400 020 Gateway Building, Apollo Bunder, Vs. Mumbai-400 001 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaacm 3774 E (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri H. P. Mahajani ""यथ" क" ओर से/Respondent By : Shri Randhir Gupta सुनवाई क" तार"ख / : 24.02.2016 Date Of Hearing घोषणा क" तार"ख / : 24.05.2016 Date Of Pronouncement आदेश / O R D E R Per Sanjay Arora, A. M.: This Is An Appeal By The Assessee Directed Against The Order By The Commissioner Of Income Tax (Appeals)-5, Mumbai (‘Cit(A)’ For Short) Dated 18.1.2012, Dismissing The Assessee’S Appeal Contesting Its Assessment U/S.143(3) Of The Income Tax Act, 1961 (‘The Act’ Hereinafter) For The Assessment Year (A.Y.) 2008-09 Vide Order Dated 30.12.2010. 2. The Background Facts The Facts Of The Case Are Simple & Undisputed. The Assessee-Company, Incorporated Under The Companies Act, 1956, Pursuant To A Shareholders’ Agreement Dated March
For Appellant: Shri H. P. MahajaniFor Respondent: Shri Randhir Gupta
Section 143(3)
…al to the amount that stands to be received (in future). Discounting, seeks as it does to scale down future sums to their present values, is a valid and well recognized concept, both in accountancy and law (refer: Rotork Controls India (P) Ltd. vs. CIT [2009] 314 ITR 62 (SC); Bharat Earth Movers vs. CIT [2000] 245 ITR 428 (SC)). The contention, however, is misplaced in the facts of the case. This is as, as afore-stated, compounding envisages a notional receipt, which is then reinvested at the stipulated rate, as we may seek to demonstrate per a table, giving rise to secondary, tertiary, etc. income streams, i.e.,…