,   ,  

       IN THE INCOME TAX APPELLATE TRIBUNAL "D" BENCH, MUMBAI

             BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER

                AND SHRI AMARJIT SINGH, JUDICIAL MEMBER

                / I.TA No.1195/Mum/2013
               (   / Assessment Year:2007-08
The ITO -7(2)(1),               / M/s. Rukhmini Software Pvt.
Aayakar Bhavan,                     Ltd.,
                                Vs.
Mumbaia-400 020                     Corporate Centre,
                                    Opp. Hotel Sun-Sheel,
                                    M.V. Road, Andheri (E),
                                    Mumbai-400 059

     . /   . / PAN/GIR No. :AADCR 0412M
   ( /Appellant)                 ..            (    / Respondent)
          / Appellant by:                   Shri Sanjeev Kashyap
             /Respondent by:                        None

                / Date of Hearing
                                                    :26.10.2015
               /Date of Pronouncement :26.10.2015


                               / O R D E R
  PER N.K. BILLAIYA, AM:

         This appeal by the Revenue is preferred against the order of
  the Ld. CIT(A)-9, Mumbai dated 27.11.2012 pertaining to assessment
  year 2007-08.


  2.     Inspite of the service of notice, none attended on behalf of the
  assessee, therefore we decided to proceed ex-parte on merit.
                                   2                   ITA. No. 1195/M/2013







3.    The Ld. Departmental Representative fairly conceded that the
facts in issues are no more res integra and the issue is decided in
favour of the assessee and against the Revenue.


4.    We have carefully gone through the orders of the authorities
below. The grievance of the Revenue relates to the deletion of the
notional interest added by the AO on interest free security deposit.
We find that the Ld. CIT(A) has deleted the addition by relying upon
the decision of the Hon'ble High Court of Delhi in the case of CIT Vs
Monikumar Subba 333 ITR 38 (Del) which view was also affirmed by
the Jurisdictional High Court in the case of CIT Vs J.K. Investors
(Bom) Ltd 248 ITR 723. Since the findings of the Ld. CIT(A) was
based upon the well laid down law by the Hon'ble High Court
(supra), we do not find any reason to interfere with the findings of
the Ld. CIT(A).







5.    In the result, the appeal filed by the Revenue is dismissed.


      Order pronounced in the open court at the time of hearing on
26th October, 2015

             Sd/-                                   Sd/-
      (AMARJIT SINGH )                       (N.K. BILLAIYA)
    /JUDICIAL MEMBER    / ACCOUNTANT MEMBER
 Mumbai;  Dated : 26th October, 2015
. ../ Rj , Sr. PS
                           3           ITA. No. 1195/M/2013



        /Copy of the Order forwarded to :
1.  / The Appellant
2.     / The Respondent.
3.     () / The CIT(A)-
4.      / CIT
5.       ,     , 
     / DR, ITAT, Mumbai
6.     / Guard file.
                                    / BY ORDER,
                   //True Copy//
                         / 
                     (Dy./Asstt. Registrar)
                     ,  / ITAT, Mumbai