Income Tax Appellate Tribunal - Mumbai
Assistant Commissioner Of Incomit ... vs M/S. Parle Products Private Limited , ... on 10 October, 2018
IN THE INCOME TAX APPELLATE TRIBUNAL "J", BENCH MUMBAI BEFORE SHRI R.C.SHARMA, AM & SHRI PAWAN SINGH, JM M.A.No.184/Mum/2018 (Arising Out of ITA No.4902/Mum/2006 ) (Assessment Year 2001-02) M.A.No.185/Mum/2018 ITA No.445/Mum/2009 (Assessment Year 2004-05) M.A.No.186/Mum/2018 ITA No.446/Mum/2009 (Assessment Year 2005-06) M.A.No.187/Mum/2018 ITA No.6734/Mum/2011 (Assessment Year 2006-07) M.A.No.188/Mum/2018 ITA No.6735/Mum/2011 (Assessment Year 2007-08) M.A.No.189/Mum/2018 ITA No.6737/Mum/2011 (Assessment Year 2008-09) M.A.No.190/Mum/2018 ITA No.6190/Mum/2012 (Assessment Year 2009-10) M/s. Parle Products Pvt. Ltd., Vs. ACIT CEN CIR-25 / DCIT North Level Crossing CEN CIR-24, / CIR 25 Vile Parle (E) Aayakar Bhavan Mumbai - 400057 Mumbai-400020 PAN/GIR No.AAACP0486A Appellant) .. Respondent) 2 M.A.No.184/Mum/2018 and other MA's M/s. Parle Products Pvt. Ltd., CORRIGENDUM O R D E R Through these Corrigendum applications it was pointed out that in the order passed by the Tribunal dated 30/07/2018 disposing the various miscellaneous petitions filed by the assessee, the Tribunal have recalled Ground No.2 in all the years by inadvertently stating that ground No.2 in all years pertain to computation of deduction u/s.80HHC, in so far as this ground was not disposed while deciding the appeal on merit vide order dated 22/01/2018.
2. It was pointed out that Ground No.2 for each year did not pertain to computation of deduction u/s.80HHC, however, different issues were raised in Ground No.2 in different years which reads as under:-
Assessment Year ITA No. MA No. Issue raised in the 2nd (Original appeal) ground of appeal 2001-02 4902/Mum/2006 184/Mum/2018 "2. The learned Commissioner(Appeals) erred in confirming the action of assessing officer in reducing 90% of the gross interest received while computing the 'profits of the business' under clause (baa) of the Explanation to section 80HHC of the Income- tax Act.
He erred in not directing the assessing officer to reduce 90% of the net interest received while computing the deduction under section 3 M.A.No.184/Mum/2018 and other MA's M/s. Parle Products Pvt. Ltd., 80HHC."
2004-05 445/Mum/2009 185/Mum/2018 "2. The learned Commissioner (Appeals) erred in confirming an addition of Rs. 7,22,61,702 representing write back of sales tax loan under section 41(1) of the Act....."
2005-06 446/Mum/2009 186/Mum/2018 "2. The learned Commissioner (Appeals) erred in confirming an addition of Rs.
4,94,55,511 representing write back of sales tax loan under section 41(1) of the Act....."
2006-07 6734/Mum/2011 187/Mum/2018 "2. The learned Commissioner(Appeals) erred in confirming the disallowance of Rs. 48,21,000 made by the assessing officer on construction of viewing gallery in the Contract Manufacturing Units on the basis that the said expenditure is capital in nature."
2007-08 6735/Mum/2011 188/Mum/2018 "2. The learned Commissioner (Appeals) erred in confirming the disallowance of Rs. 20,00,000 made by the assessing officer on construction of viewing gallery in the Contract Manufacturing Units on the basis that the said expenditure is capital in nature."
2008-09 6737/Mum/2011 189/Mum/2018 "2. The learned CIT(A) erred in confirming the disallowance of Rs. 17,15,283 made by the 4 M.A.No.184/Mum/2018 and other MA's M/s. Parle Products Pvt. Ltd., assessing officer on construction of viewing gallery in the Contract Manufacturing Units on the basis that the said expenditure is capital in nature."
2009-10 6190/Mum/2012 190/Mum/2018 "2. The learned CIT(A) erred in confirming the disallowance of Rs. 23,63,092 made by the assessing officer on construction of viewing gallery in the Contract Manufacturing Units on the basis that the said expenditure is capital in nature."
3. Accordingly, we rectify our order dated 30/07/2018 with a limited issue of deciding ground No.2 as stated above. We direct accordingly.
Sd/- Sd/-
(PAWAN SINGH) (R.C.SHARMA)
JUDICIAL MEMBER ACCOUNTANT MEMBER
Mumbai; Dated 10/10/2018
Karuna Sr.PS
Copy of the Order forwarded to :
1. The Appellant
2. The Respondent.
3. The CIT(A), Mumbai.
4. CIT
5. DR, ITAT, Mumbai BY ORDER,
6. Guard file.
सत्यापित प्रतत //True Copy// (Asstt. Registrar) ITAT, Mumbai