9911796707
TMI Blog2013 (12) TMI 1695X X X X Extracts X X X X X X X X Extracts X X X X ..... ORDER Sanjay Arora, A. M. : Both the captioned appeals were heard on 15.05.2013 by a Division Bench of this Tribunal. The common order was proposed by the Accountant Member (AM) on 04.07.2013. In view of a difference of opinion in respect of the assessee's appeal (in ITA No.5724/Mum/2011), the matter was referred to the hon'ble President u/s. 255(4) of the Act. The learned Third Membe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m part of this order. Assessee 's Appeal (ITA No. 5724/MuW2011) 3. No submissions were made for and on behalf of the Revenue, while the assessee was unrepresented at the time of the final posting (06/12/2013). We accordingly proceed to pass the confirmatoty order as under: The following point/s of difference were referred to u/s.255(4) by the Members separately. a) By the Ld. JM : Wheth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... considered the applicability of the judgment of the hon'ble jurisdictional high court in Godrej & Boyce Manufacturing co. Ltd. vs. Dy. CIT [2010] 328 ITR 81 (Bom) to the issue under appeal, can be followed, as it has been in the decisions referred to by the Id. JM in his dissenting order, or is the said judgement of the hon'ble jurisdictional high court, which has since been followed by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ding the fact that the tribunal has also, as in American Express Bank Ltd. ('in ITA No. 5904 & 6022/MuW2010 dated 08.08.2012) and Dy. CIT vs. Damani Estates & Finance Pvt. Ltd. (in ITA No.3029/Mum/2012 dated 17.07.2013), following the hon'ble jurisdictional high court in Godrej & Boyce (supra) and hon'ble Calcutta high court in Dhanuka & Sons (supra), taken a view in conformity with th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
