M/s. Alstom Limited, CHENNAI V. ACIT, CHENNAI

CO 85/CHNY/2006

• Counselvise Citation: [2010] 122 COUNSELVISE.COM (IT) 4884 (ITAT-CHENNAI)
• Duration Of Justice: 4 year(s) 3 month(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 07-07-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 1999-2000
• Appeal Filed On: 06-04-2006
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BENCH A CHENNAI BEFORE SHRI PADEEP PARIKH, VICE PRESIDENT AND SHRI GEORGE MATHAN, JUDICIAL MEMBER .. C.O. NO. 85/MDS/2006 (IN I.T.A. NO. 526/MDS/2006) ASSESSMENT YEAR :1999-2000 M/S. ALSTOM LTD. (PRESENTLY KNOWN AS AREVA T & D INDIA LTD.) 314-315, ANNA SALAI, CHENNAI-18., VS. THE ASSISTANT COMMISSIONER OF INCOME-TAX, COMPANY CIRCLE-I(1), CHENNAI. (PAN: ) (CROSS OBJECTOR) (RESPONDENT) CROSS OBJECTOR BY : NONE RESPONDENT BY : SHRI SHAJI P. JACOB O R D E R PER GEORGE MATHAN, JUDICIAL MEMBER : THE CROSS OBJECTION BY THE ASSESSEE IS AGAINST THE APPEAL OF THE DEPARTMENT IN I.T.A. NO. 526/MDS/2006 WHICH WAS AGA INST THE ORDER OF THE LEARNED CIT(A) DELETING THE ADDITION MADE BY THE A SSESSING OFFICER TOWARDS EXPENDITURE OF VOLUNTARY SEPARATION SCHEME AND ASCE RTAINED LIABILITY FOR THE PURPOSE OF ARRIVING AT BOOK PROFITS U/S.115JA. AS PER THE RECORDS, THE APPEAL OF C.O.NO.85/MDS/2006 2 THE REVENUE IN I.T.A. NO. 526/MDS/2006 HAS BEEN DIS POSED OF ON 21-07-2006 WHEREBY THE ORDER OF THE CIT(A) HAS BEEN CONFIRMED BY THE TRIBUNAL. THE PRESENT CROSS OBJECTION IS MERELY IN SUPPORT OF THE ORDER OF THE CIT(A). NO OTHER ISSUE IS RAISED BY THE ASSESSEE. THEREFORE IN VIEW OF THE FACT THAT THE APPEAL OF THE DEPARTMENT HAS BEEN DISMISSED, THE CROSS OBJECT ION IS RENDERED INFRUCTUOUS AND HENCE REJECTED. 2. IN THE RESULT, THE CROSS OBJECTION OF THE ASSESS EE IS DISMISSED AS INFRUCTUOUS. 3. THE ORDER WAS PRONOUNCED IN THE COURT ON 7 TH JULY, 2010. SD/- SD/- ( PRADEEP PARIKH) (GEORGE MATHAN) VICE PRESIDENT JUDICIAL MEMBER CHENNAI, DATED THE 7 TH JULY, 2010. H. COPY TO: CROSS OBJECTOR/AO/CIT (A)/CIT/D.R./GUARD F ILE