TMI Blog2019 (8) TMI 1472X X X X Extracts X X X X X X X X Extracts X X X X ..... an adhoc basis in the return of income. We find now the issue is well settled that when there is no exempt income claimed by the assessee, the disallowance u/s.14A of the Act would not come into operation. Accordingly, we direct the ld. AO to delete the disallowance made u/s.14A. Assessment u/s 153A - Disallowance of staff welfare expenses, entertainment expenses, miscellaneous expenses - original assessment completed u/s.143(3) - HELD THAT:- We find that these disallowances of expenditure in the total sum of ₹ 7 lakhs were originally made by the ld. AO in the original assessment completed u/s.143(3) of the Act dated 24/05/2010. The assessment which is in challenge before us is the assessment framed u/s.143(3) r.w.s. 153A of the Act dated 07/03/2014 pursuant to the search carried out in the case of J M Baxi Group on 20/03/2012. At the time of hearing, no arguments were advanced by the ld. AR with regard to these disallowances and accordingly, the same are dismissed. Disallowance of deduction u/s.80IA - rental income and interest on FDR as not derived from the industrial undertaking - HELD THAT:- We find that interest income of FDR s were not made with inextricable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 011-12) Revenue Appeal This appeal in ITA No.4243/Mum/2016 for A.Y.2011-12 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-54, Mumbai in appeal No.CIT(A)-41/ACCC-39/IT-138/14-15 (New No.CIT(A)-54/ACCC39/IT-76/14-15) dated 21/03/2016 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3) r.w.s. 153A of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 07/03/2014 by the ld. Asst. Commissioner of Income Tax, Central Circle 39, Mumbai (hereinafter referred to as ld. AO). ITA No.4239/Mum/2016 (A.Y.2007-08) Revenue Appeal This appeal in ITA No.4239/Mum/2016 for A.Y.2007-08 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-54, Mumbai in appeal No.CIT(A)-41/ACCC-39/IT-134/14-15 (New No.CIT(A)-54/ACCC39/IT-80/14-15) dated 21/03/2016 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3) r.w.s. 153A of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 07/03/2014 by the ld. Asst. Commissioner of Income Tax, Central Circle 39, Mumbai (hereinafter referred to as ld. AO). ITA No.4244/Mum/2016 (A.Y.2012-13) Revenue Appeal This appeal in ITA No.4244/Mum/2016 f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5 (New No.CIT(A)-54/ACCC39/IT-77/14-15) dated 21/03/2016 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3) of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 07/03/2014 by the ld. Asst. Commissioner of Income Tax, Central Circle 39, Mumbai (hereinafter referred to as ld. AO). ITA No.4142/Mum/2016 (A.Y.2008-09) Assessee Appeal This appeal in ITA No.4142/Mum/2016 for A.Y.2008-09 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-54, Mumbai in appeal No.CIT(A)-41/ACCC-39/IT-135/14-15 (New No.CIT(A)-54/ACCC39/IT-79/14-15) dated 21/03/2016 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3) r.w.s.153A of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 07/03/2014 by the ld. Asst. Commissioner of Income Tax, Central Circle 39, Mumbai (hereinafter referred to as ld. AO). Since identical issues are involved in these appeals, they were heard together and are being disposed off by this consolidate order, for the sake of convenience. Revenue Appeals ( A.Yrs. 2007-08, 2008-09, 2010-11, 2011-12 2012-13) As identical issues are involved in all these appeals they are take ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the sum of ₹ 2 lakhs, miscellaneous expenses in the sum of ₹ 2 lakhs made by the ld. AO passed in original assessment completed u/s.143(3) of the Act dated 24/05/2010. 5.1. We have heard rival submissions. We find that these disallowances of expenditure in the total sum of ₹ 7 lakhs were originally made by the ld. AO in the original assessment completed u/s.143(3) of the Act dated 24/05/2010. The assessment which is in challenge before us is the assessment framed u/s.143(3) r.w.s. 153A of the Act dated 07/03/2014 pursuant to the search carried out in the case of J M Baxi Group on 20/03/2012. At the time of hearing, no arguments were advanced by the ld. AR with regard to these disallowances and accordingly, the same are dismissed. 6. In the result, appeal of the assessee for A.Y.2008-09 in ITA No.4142/Mum/2016 is partly allowed. ITA No.4109/Mum/2016 (A.Y.2009-10) Assessee Appeal 7. The ground No. I II raised by the assessee was stated to be not pressed by the ld. AR at the time of hearing. The same is reckoned as a statement made from the Bar and accordingly grounds I II are dismissed as not pressed. 8. The ground No.III raised by the as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... would always prevail over its form. Accordingly, we deem it fit and appropriate, in the interest of justice and fair play, to remand this issue to the file of the ld. AO for denovo adjudication. Accordingly, the ground No. III raised by the assessee is partly allowed for statistical purposes. 9. In the result, the appeal of the assessee for A.Y.2009-10 in ITA No.4109/Mum/2016 is partly allowed for statistical purposes. ITA No.4083/Mum/2016 (A.Y.2010-11) Assessee Appeal 10. The ground No. I II raised by the assessee was stated to be not pressed by the ld. AR at the time of hearing. The same is reckoned as a statement made from the Bar and accordingly grounds I II are dismissed as not pressed. 11. The ground No.1 raised by the assessee is similar to the ground No.1 raised by the assessee for A.Y.2009-10 and the decision rendered thereon would apply with equal force for this year also. Accordingly, the ground No.1 is partly allowed for statistical purposes. 12. The ground No.2 is with regard to disallowance made u/s.14A of the Act. This ground is also similar to ground No.1 raised by the assessee for A.Y.2008-09 supra and the decision rendered thereon would appl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed for the A.Y.2010-11 is allowed. 22. The ground Nos.3,4,5 6 were with regard to adhoc disallowance of expenses made by the ld. AO towards staff welfare expenses, entertainment expenses and miscellaneous expenses. We find that no arguments were advanced by the ld. AR at the time of hearing and accordingly, the same are treated as dismissed. 23. In the result, appeal of the assessee for A.Y.2012-13 is partly allowed for statistical purposes. TO SUM UP Sr. No. ITA No. AY Appeal by Result 1. 4228/Mum/2016 A.Y. 2010-11 Revenue appeal Dismissed 2. 4229/Mum/2016 A.Y.2008-09 Revenue Appeal Dismissed 3. 4243/Mum/2016 A.Y.2011-12 Revenue Appeal Dismissed 4. 4239/Mum/2016 A.Y.2007-08 Revenue Appeal Dismis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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