2019 (7) TMI 362

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....el, A.R For the Respondent : Shri Chaitnya Anjaria, D.R ORDER PER RAVISH SOOD, JM: The present miscellaneous application filed by the assessee arises from the order passed by the Tribunal while disposing off its appeal viz. Mukund Ltd. Vs. ITO-3(2)(2), (ITA No. 679/Mum/2011, dated 05.12.2018) for A.Y.2004-05. 2. The ld. Authorized Representative (for short 'A.R') for the assessee su....

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....T (2012) 349 ITR 58 (Mad); and (v) DCIT (Assessment) Vs. Farmson Pharmaceuticals Guj. Ltd. (2012) 347 ITR 394 (Guj). It was submitted by the ld. A.R that the copies of the aforesaid judicial pronouncements formed part of the assessee paper book (for short 'APB') at Page No. 241-271. It was further submitted by the ld. A.R, that in the course of the hearing of the appeal specific reliance was place....

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....d also perused the records. On a perusal of the records, we find, that though the ld. A.R in the course of hearing of the appeal had relied on the judgment of the Hon'ble High Court of Bombay in the case of The CIT Vs. M/s Bajaj Hindustan Ltd. (ITA No. 198 of 2009, dated 15.04.2009) (Bom) and the order of a co-ordinate bench of the Tribunal viz. Gulf Oil Corporation Ltd Vs. ACIT (2008) 111 ITD 124....

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....he assessee before us, as under: "3. On the facts and in the circumstances of the case and in law, the Commissioner of Income-tax (Appeals) erred in not granting deduction of an amount of Rs. 111,810,595/- in respect of prior period adjustments (net) while computing the book profits under Sec.115JB of the Act." 5. As regards the claim of the ld. A.R that reliance was also placed on the....