Latest Expert Exchange Queries

GST Demo Service software link: https://ims.go2customer.com
Username: demouser Password: demopass
Get your inventory and invoicing software GST Ready from Binarysoft info@binarysoft.com
sitemapHome | Registration | Job Portal for CA's | Expert Exchange | Currency Converter | Post Matrimonial Ads | Post Property Ads
 
 
News shortcuts: From the Courts | News Headlines | VAT (Value Added Tax) | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | ICAI | Corporate Law | Markets | Students | General | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing | GST - Goods and Services Tax
 
 
 
 
Popular Search: VAT RATES :: ICAI offer Get Windows 7,Office 2010 in Rs.799 Taxes :: due date for vat payment :: Central Excise rule to resale the machines to a new company :: TDS :: TAX RATES - GOODS TAXABLE @ 4% :: form 3cd :: ARTICLES ON INPUT TAX CREDIT IN VAT :: empanelment :: list of goods taxed at 4% :: VAT Audit :: ACCOUNTING STANDARD :: ACCOUNTING STANDARDS :: articles on VAT and GST in India :: cpt
 
 
From the Courts »
 M/s Ess Distribution (Mauritius) S.N.C.Et Compagnie Vs. Assistant Commissioner Of Income Tax, Circle -1(2)(2) International Taxation, New Delhi
 Commissioner Of Income Tax (Ltu) Vs. ESPN Software India Ltd.
 Bses Rajdhani Power Ltd. Vs. Principal Commissioner Of Income Tax,
 ITO vs. Gymkhana Club (ITAT Chandigarh)
 SRD Nutrients Private Limited vs. CCE (Supreme Court)
 The Commissioner Of Income Tax-Exemption Vs. The Fertilizers Association Of India
 The Pr. Commissioner Of Income Tax-Central-1 Vs. Sameer Gupta
 Msd Pharmaceuticals (P)ltd. Vs. Additional Commissioner Of Income Tax & Anr.
 The Chamber Of Tax Consultants vs. UOI (Delhi High Court)
 M/s Ess Distribution (Mauritius) S.N.C.Et Compagnie Vs. Assistant Commissioner Of Income Tax, Circle-1(2)(2) International Taxation, New Delhi
 M/s Ess Advertising (Mauritius) S.N.C.Et Compagnie (Earlier Known As M/s Espan Star Sports Mauritius Vs. Assistant Commissioner Of Income Tax, Circle-1(2)(2) International Taxation, New Delhi

M/s. Anushakti Chemicals & Drugs Ltd., (Formerly known as Aarti Healthcare Ltd.), 2nd Floor, Udyog Kshetra, Mulund Goregaon Link Road, Mumbai-400 080 Vs. The ITO, Range-10(3)(1), Mumbai
July, 30th 2014
                   ,  Û `'  

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

      [^ . , Ú¢  ,  Û]   ãá,    ¢

            BEFORE SHRI D.MANMOHAN, VICE PRESIDENT AND

                SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER

                ./I.T.A. No.9240/Mum/2010
            ( [ [ / Assessment Year :2007-08
 M/s. Anushakti Chemicals / The ITO, Range-10(3)(1),
& Drugs Ltd.,                  Mumbai
                           Vs.
(Formerly known as Aarti
Healthcare Ltd.),
2 nd Floor,
Udyog Kshetra,
Mulund Goregaon Link
Road,
Mumbai-400 080
    . /   . / PAN/GIR No. : AAACA 3517H
      ( /Appellant)       ..      (× / Respondent)
         / Appellant by:                      Shri Govind Javeri
       ×   /Respondent by:                    Shri Maurya Pratap


               / Date of Hearing                          :15.07.2014
               /Date of Pronouncement :15.07.2014

                               / O R D E R

PER N.K. BILLAIYA, AM:

        This appeal by the assessee is preferred against the order of the
Ld. CIT(A)-22, Mumbai dt.29.10.2010 pertaining to A.Y. 2007-08.

2.      The grievances of the assessee read as under:
                                     2                    ITA No. 9240/M/2010





             "1.   Treatment of Income from Manufacturing services as
                   income from other sources amounting to Rs.
                   1,74,33,189/-.

             2.    Treatment of lease rental as income from other
                   sources- Rs. 3,60,00,000/-

             3.    Treatment of other income amounting to Rs.
                   10,12,937/- as income from other sources.

             4.    Disallowance of deduction u/s. 35(1)(iv) of Rs.
                   15,31,784/-"

3.     At the very outset, the Ld. Counsel for the assessee stated that the
issues involved in the present appeal are squarely covered by the decision
of the Tribunal in assessee's own case for assessment year 2006-07.

4.     The Ld. Departmental Representative fairly conceded to this.

5.     We have carefully perused the orders of the authorities below. We
have also the benefit of the order of the Tribunal in assessee's own case
for A.Y. 2006-07 in ITA No. 9039/Mum/2010. We find that the Ld.
CIT(A) while deciding the appeal has followed the findings given in A.Y.
2006-07.

5.1.   A perusal of the order of the Tribunal for A.Y. 2006-07 shows that
ground No. 5 of that appeal is ground No. 1 of the present appeal.
Ground No. 6 of that appeal is ground No. 2 of the present appeal and
ground No. 4 of that appeal is ground No. 4 of the present appeal.
Grievances raised vide ground No. 3 of the present appeal has not been
discussed at all by the AO. We find that all the grounds in the present
appeal are in a way inter-linked consequent to the treatment given to the
receipt of manufacturing services income as "income from other sources"
and not a business income. We find that in Tribunal in A.Y. 2006-07 at
                                     3                     ITA No. 9240/M/2010





para-7 has set aside the issue to the file of the AO for examination of the
facts and contentions afresh and to decide accordingly.             As no
distinguishing facts have been brought before us, respectfully following
the findings of the Co ordinate Bench in ITA No. 9039/M/2010(supra),
we set aside the issue to the file of the AO. The AO is directed to decide
the issue afresh in the light of the findings given as per the directions of
the Tribunal for A.Y. 2006-07.

6.    In the result, the appeal filed by the assessee is allowed for
statistical purpose.

      Order pronounced in the open court at the time of hearing on 15th
July, 2014.

          Sd/-                                         Sd/-
      (D.MANMOHAN )                            (N.K. BILLAIYA)
Ú¢/VICE PRESIDENT                      / ACCOUNTANT MEMBER
 Mumbai;  Dated : 15.07.2014
.../ RJ , Sr. PS
    /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)

 
 
Home | About Us | Terms and Conditions | Contact Us
Copyright 2017 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
Binarysoft Technologies - Company Overview

Transfer Pricing | International Taxation | Business Consulting | Corporate Compliance and Consulting | Assurance and Risk Advisory | Indirect Taxes | Direct Taxes | Transaction Advisory | Regular Compliance and Reporting | Tax Assessments | International Taxation Advisory | Capital Structuring | Withholding tax advisory | Expatriate Tax Reporting | Litigation | Badges | Club Badges | Seals | Military Insignias | Emblems | Family Crest | Software Development India | Software Development Company | SEO Company | Web Application Development | MLM Software | MLM Solutions