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 Pr. Commissioner Of Income Tax Vs. B. C. Management Services Pvt. Ltd.

M/s. Emerson Process Management (India) Pvt. Ltd., Delphi B Wing, 601 & 602 Central Avenue, Hiranandani Business Park, Powai, Mumbai 400 020 Vs. Dy. Commissioner of Income Tax, Circle 3(1) Aayakar Bhavan, M.K. Road, aMumbai - 400020
July, 13th 2015
                       MUMBAI BENCH "E", MUMBAI


                                ITA No.2408/M/2013
                              Assessment Year: 2008-09

        M/s.     Emerson       Process     Dy. Commissioner of Income
        Management (India) Pvt. Ltd.,      Tax, Circle ­ 3(1)
        Delphi B Wing,                     Aayakar Bhavan,
        601 & 602 Central Avenue,      Vs. M.K. Road,
        Hiranandani Business Park,         Mumbai - 400020
        Mumbai ­ 400 020
        PAN: AAACF 1667M
             (Appellant)                     (Respondent)

      Present for:
      Assessee by                 : Ms. Pallavi Talavlikar, A.R.
      Revenue by                  : Shri Neil Philip, D.R.

      Date of Hearing             : 08.07.2015
      Date of Pronouncement       : 08.07.2015


Per Sanjay Garg, Judicial Member:

      The present appeal has been preferred by the assessee against the order
dated 15.01.2013 of the Commissioner of Income Tax (Appeals) [hereinafter
referred to as the CIT(A)] relevant to assessment year 2008-09.

2.    The assessee has taken the following grounds of appeal:
      "1.1   On the facts and circumstances of the case and in law, the learned
             Commissioner of Income-tax (Appeals)-6, Mumbai, erred, in
             confirming the action of the Deputy Commissioner of Income-tax,
             Circle-3(1), Mumbai ("AO") in enhancing the value of consideration under
             section 50 of the Income-tax Act, 1961 ("the Act") by substituting the
             market value as per stamp authorities as per the provisions of section 50C
             of the Act.
                                                    2                                      ITA No.2408/M/2013
                                                                M/s. Emerson Process Management (India) Pvt. Ltd.

         1.2          The assessee prays that the AO be directed to compute the short term
                      capital gain on sale of building by considering the amount of sale
                      consideration at Rs.33,54,750 as per the provisions of section 50 of the Act.

         II           The Appellant craves leave to add to, amend or alter or delete or omit or
                      substitute any of the above ground of appeal as they may be advised to do

3.       At the outset, the Ld. A.R. of the assessee has been fair enough to admit
that the issue under consideration is covered against the assessee in favour of
the Revenue vide order of the Tribunal dated 25.07.12 passed in ITA
No.7878/M/2011 relevant to A.Y. 2007-08 wherein the Tribunal vide para 13
of the said order, while relying upon the decision of the special bench of the
Tribunal in the case of "United Marine Academic" 130 ITD 113 has upheld
the order of the AO computing the short term capital gain on sale of the
building by adopting the market value of the building as per Stamp Duty
Authorities by invoking the provisions of section 50C. Respectfully following
the said decision of the Tribunal in the own case of the assessee, we do not
find any merit in the appeal of the assessee and the same is accordingly

                  Order pronounced in the open court on 08.07.2015.

          Sd/-                                                           Sd/-
    (B.R. Baskaran)                                                 (Sanjay Garg)
ACCOUNTANT MEMBER                                               JUDICIAL MEMBER

Mumbai, Dated: 08.07.2015.
* Kishore, Sr. P.S.

Copy to: The Appellant
        The Respondent
        The CIT, Concerned, Mumbai
        The CIT (A) Concerned, Mumbai
        The DR Concerned Bench
                             3                                    ITA No.2408/M/2013
                                       M/s. Emerson Process Management (India) Pvt. Ltd.

//True Copy//            [

                                 By Order

                Dy/Asstt. Registrar, ITAT, Mumbai.
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