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
( [ [ / Assessment Year :2007-08
M/s. Anushakti Chemicals / The ITO, Range-10(3)(1),
& Drugs Ltd., Mumbai
(Formerly known as Aarti
2 nd Floor,
Mulund Goregaon Link
. / . / 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.
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.
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.
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
Order pronounced in the open court at the time of hearing on 15th
(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//