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2017 (2) TMI 215 - ITAT MUMBAI

2017 (2) TMI 215 - ITAT MUMBAI - TMI - Reduction of the amount of service tax while computing rent received - Held that:- The assessee filed the statement of service tax and challans of service tax paid. The statement of service tax and the challans of service tax paid nowhere discussed by the Assessing Officer as well as CIT(A) specifically in the circumstances when the assessee has undertook before us that the said documents were placed before the CIT(A). Any how the said statement of service .....

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onal fees and miscellaneous expenses - Held that:- The assessee has produced the details of the expenditure before the CIT(A) in view of the certificate dated 04.10.2016. Accordingly, the advertisement expenses has been shown at page 7 and 15 of the paper book which nowhere discussed in the said order. The expenses are in connection with the audit fees, advertisement fees and miscellaneous fees paid for the filing of appeal before the ITAT. The claim of the assessee nowhere examined and discusse .....

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s this issue is required to be examined at the end of the Assessing Officer in accordance with law. Accordingly, this issue is decided in favour of the assessee against the revenue. - Disallowance u/s.14A - Held that:- A perusal of Balance sheet furnished by the assessee would show that the assessee has held shares in a company named Money Matter Advisory Ltd and units in two schemes of LIC Mutual Fund as its opening balance of investment. During the year under consideration the assessee has .....

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A) on this issue and direct the Assessing Officer to restrict the addition u/s.14A of the Act of ₹ 60,000/- made by the assessee. The same amount is required to be added to the book profit computed u/s.115JB of the Act, since the decision rendered by Hon’ble Delhi Bench of Tribunal in the case of Goetze (India) Ltd. Vs. CIT [2009 (5) TMI 615 - ITAT DELHI ] has been reversed by the Hon’ble Delhi High Court, the same case reported in [2013 (12) TMI 607 - DELHI HIGH COURT ]. - I.T.A. No.708 .....

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ssioner of Income-tax (Appeals) [hereinafter referred to as Ld. CIT(A)] had erred in not directing the Learned Assessing Officer (LAO) to reduce the amount of service tax of ₹ 1,10,657/- while computing rent received from M/s. Sports and Leisure Apparel Ltd. in respect of property located at Mylapore Chennai declared under the head Income from House Property . Under the facts and circumstances of the matter, the Ld. CIT(A) ought to have directed the LAO to reduce the amount of service tax .....

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015. Sr. No. Expense Head Amount (In Rs.) 1. Advertisement expenses 18,900 2. Legal and Professional fees 1,33,043 3. Miscellaneous expenses 12,237 Total 1,64,180 Under the facts and circumstances of the matter, the Ld. CIT(A) ought to have deleted the said disallowance of ₹ 1,64,180/- 3. On facts and in law, the Ld. CIT(A) had erred in confirming the disallowance of ₹ 1,64,180/- u/s.14A even knowing the fact that the said sum had already been disallowed by him under Grounds of Appea .....

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dividend income while computing the disallowance u/s.14A read with rule 8D. 5. On the facts and in law, the Ld. CIT(A) had erred in confirming the disallowance of ₹ 3,13,372/- u/s.12A made by the LAO while computing the Book Profit u/s.115JB. Under the facts and circumstances of the matter, he ought to have deleted the said disallowance of ₹ 3,13,372/-. 6. On facts and in law, the Ld. CIT(A) had erred in confirming the disallowance of ₹ 18,674/- being Securities Transaction Tax .....

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.10.2010 declaring total income to the tune of ₹ 19,35,012/-. The return was processed u/s.143(1) of the Income Tax Act, 1961( in short the Act ) on 21.05.2011. The case was selected for scrutiny and accordingly, notice u/s.143(2) of the Act was issued on 27.09.2011 and served upon the assessee on 28.09.2011. Subsequently, notice u/s.142(1) of the Act was issued on 09.07.2011 and 17.07.2011. The assessee is having the income from investment in the shares and securities and rental income fr .....

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Under issue no.1 the assessee has claimed the reduction of the amount of service tax of ₹ 1,10,657/- while computing rent received from M/s. Sports and Leisure Apparel Ltd. The rent received by the assessee from M/s. Sports and Leisure is not in dispute but the assessee raised the claim of service tax which includes in that amount. The assessee filed the statement of service tax and challans of service tax paid which lies at page 7,9,13 and 14 of the paper book. The statement of service ta .....

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sessee in view of the above said documents by giving an opportunity of being heard to the assessee in accordance with law. Accordingly, this issue is decided in favour of the assessee against the revenue. ISSUE NO.2:- 5. Under this issue the assessee has challenged the disallowance of advertisement expenses, legal and professional fees and miscellaneous expenses total to the tune of ₹ 1,64,180/-. The assessee has produced the details of the expenditure before the CIT(A) in view of the cert .....

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n view of the law settled in Rampur Timber and Turney Co. Ltd. (1981) 129 ITR 58, 59 (All.) and Ganga Properties Ltd. (1993) 199 ITR (Cal.) 94,95 and Chinai & Co. Pvt. Ltd. (1994) 206 ITR 616, 617 (Bom). Since the material produced before the CIT(A) has not been discussed or examined, therefore in the similar circumstances this issue is required to be examined at the end of the Assessing Officer in accordance with law. In the said circumstances we set aside the order of the CIT(A) in questio .....

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um of ₹ 60,000/- u/s.14A of the Act in the return of income. However, the Assessing Officer computed disallowance as per Rule 8D(2)(iii) of the Income Tax Rules at ₹ 3,13,372/-. In the appellate proceedings the learned CIT(A) confirmed the disallowance in principle but directed the Assessing Officer to re-compute the disallowance by reducing the expenditure by ₹ 65,954/-, being the relief granted by him in respect of another disallowance. The assessee is aggrieved by the decisi .....

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