ADDL CIT RG 3(1), MUMBAI vs. ICICI BANK LTD (IN RESPECT OF M.S, ICICI LTD MERGED WITH M.S, ICICI BANK LTD), MUMBAI
In the result, appeal of the assessee is partly allowed
ITA 8435/MUM/2010[2003-04]Status: DisposedITAT Mumbai21 Jul 2023AY 2003-04
Bench: Shri Vikas Awasthy& Shri Amarjit Singhआअसं.8435 /मुं/2010("न.व. 2003-04) The Dy.Commissioner Of Income-Tax ,Cir. 3(1), Room No.607, 6Th Floor, Aaykar Bhavan, M.K.Road, Mumbai – 400 020 ...... अपीलाथ"/Appellant बनाम Vs. Icici Bank Limited, Icici Bank Towers, Bandra-Kurla-Complex, Bandra(East), Mumbai 400 051. Pan: Aaaci-1195-H .....""तवाद"/Respondent
For Appellant: Ms. Aarti Visanji, AdvocateFor Respondent: Shri P.C. Chhotaray, Spl. Counsel
Section 10Section 10(15)Section 23Section 36Section 36(1)(vii)Section 80M
…t has been considered by the Assessing Officer for arriving at the annual value under section 23(1)(a) of the Act. The Assessing Officer has made the addition by following the order of Tribunal in the case of Tivoli Investment& Trading Co. Pvt. Ltd. vs. ACIT, 90 ITD 163 (Mum). The ld.Counsel for the assessee supporting the order of CIT(A) stated that only the actual rent received or receivable has to be taken into consideration and not the notional value. The CIT(A) has deleted the addition by following earlier 22 ITA NO.8435/MUM/2010(A.Y.2003-04) orders. The ld.Counsel for the assessee further placed relianc…