ESSA I MERCHANT,MUMBAI vs. JCIT RG 17(1), MUMBAI
In the result the appeal of the assessee is allowed
ITA 1592/MUM/2017[2012-13]Status: DisposedITAT Mumbai21 Feb 2018AY 2012-13
Bench: Shri R.C. Sharma & Shri Pawan Singhessa Ismail Merchant Jcit 13(3), (Prop. Of M/S Advance Aayakar Bhavan, Computers), 123, Ground Floor, Mumbai-400020 Vs. Zakari Masjid Street, Masjid, Mumbai-400009. Pan: Afspm6894H (Appellant) (Respondent) Acit 17(1), Essa Ismail Merchant Aayakar Bhavan, (Prop. Of M/S Advance Mumbai-400020 Computers), 123, Ground Floor, Vs. Zakari Masjid Street, Masjid, Mumbai-400009. Pan: Afspm6894H (Appellant) (Respondent) Essa Ismail Merchant Jcit 17(1), (Prop. Of M/S Advance Aayakar Bhavan, Computers), Unit No.9, Yusuf Mumbai-400020 Building, Ground Floor, Junction Vs. Of M.G. Road & Veer Nariman Road, Flora Fountain, Fort, Mumbai-400001. Pan: Afspm6894H (Appellant) (Respondent) Ita No. 3618 & 4521/M/2016 & 1592 & 3426/M/17 Essa Ismail Merchant
For Respondent: Shri Ram Tiwari (DR)
Section 133(6)Section 143(3)Section 253Section 254(1)
…g services has been confirmed by the company in independent confirmation and no further summons were issued by the Assessing Officer. Reliance here is also placed on the judgment of Gujarat High Court in the case of Swastic Textile Co. (P.) Ltd. v. CIT [1984] 150 ITR 155 wherein Hon’ble Court was considering a case where assessee carried on the business of manufacturing and selling textile machinery. It also derived income as a partner in two firms. For the assessment year 1970-71, it claimed deduction of Rs. 14,250 paid as commission to N on the sale of machinery manufactured by it to A Mills. N had stated on oa…