IN INCOME TAX APPELLATE TRIBUNAL B , BENCH MUMBAI BEFORE SHRI R.C.SHARMA, AM & SHRI RAM LAL NEGI, JM ITA No.331/Mum/2012 ( Assessment Year :2008-09) M/s Mars Restaurants Pvt. Ltd. Vs. DCIT, Circle-8(2), Mumbai (Now Known as Wah Restaurants Pvt. Ltd., Off International Airport Approach road, Marol, Andheri (E), Mumbai-400059 PAN/GIR No. : AACCM 1584 C (Appellant) .. (Respondent) Assessee by : Shri Jitendra Jain Revenue by : Shri S.R.Kirtane Date of Hearing : 01/12/2015 Date of Pronouncement 01/12/2015 ORDER PER R.C.SHARMA (A.M): This is appeal filed by assessee against order of CIT(A)- Mumbai, dated 24-10-2011, for assessment year 2008-09, in matter of order passed u/s.143(3) of I.T.Act. 2. Ground No.1 was not pressed, same is therefore dismissed in limine. 3. In ground No.2, assessee is aggrieved for disallowance of legal and professional fees of Rs.6,28,406/- by treating same as capital in nature. 4. We have considered rival contentions and found that disallowance of Rs.6,28,401/- out of legal and professional fee was made 2 ITA No.331/2012 by AO by treating same as capital in nature. In assessment order AO has noted that said expenses has been paid to M/s Arun Arora & Co. towards professional fee for RBI matters for share application purposes. However, during course of appellate proceedings, assessee has filed copies of two bills of M/s Arun Arora & Co and submitted that bill No.8472 for Rs.2,80,900/- was not with regard to RBI sanctioned and was therefore allowable. However, CIT(A) declined to accept additional evidence. In interest of justice, we restore disallowance of Rs.2,80,900/- back to file of AO for considering additional evidence which goes to root of issue for deciding afresh after giving due opportunity to assessee. Balance disallowance is hereby confirmed. 5. In result, appeal of assessee is allowed in part for statistical purposes. Order pronounced in open court on this 04/12/2015. Sd/- Sd/- (RAM LAL NEGI) (R.C.SHARMA) JUDICIAL MEMBER ACCOUNTANT MEMBER Mumbai; Dated 04/12/2015 PS Copy of Order forwarded to : 1. Appellant 2. Respondent. 3. CIT(A), Mumbai. 4. CIT 5.DR, ITAT, Mumbai BY ORDER, 6. Guard file. //True Copy// (Asstt. Registrar) ITAT, Mumbai M/s Mars Restaurants Pvt. Ltd. (Now Known as Wah Restaurants Pvt. Ltd.) v. DCIT, Circle-8(2), Mumbai