DDIT (IT) 4(2), MUMBAI V. QUANTILES TRANSNATIONAL CORP, MUMBAI

ITA 1028/MUM/2014

• Counselvise Citation: [2015] 134 COUNSELVISE.COM (IT) 2409 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-11-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2010-2011
• Appeal Filed On: 14-02-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A K SRIVASTAVA
• Keywords: Tax effect
• Section: 234B

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH D, MUMBAI BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER AND SHRI ASHWANI TANEJA, ACCOUNTANT MEMBER ITA NO.1028/M/2014 ASSESSMENT YEAR: 2010-11 DEPUTY DIRECTOR OF INCOME TAX (INTERNATIONAL TAXATION)-4(2), MUMBAI VS. M/S. QUINTILES TRANSNATIONAL CORP., C/O. DELOITTE HASKINS & SELLS (CA), TOWER 3, 27 TH 32 ND FLOOR INDIABULLS FINANCE CENTRE SENAPATI BAPAT MARG, ELPHINSTONE (W), MUMBAI 400 013 PAN: AAACQ 2015N (APPELLANT) (RESPONDENT) PRESENT FOR: ASSESSEE BY : SHRI KETAN VED, A.R. REVENUE BY : SHRI A.K. SRIVASTAVA, D.R. DATE OF HEARING : 24.11.2015 DATE OF PRONOUNCEMENT : 24.11.2015 O R D E R PER SANJAY GARG, JUDICIAL MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE REVEN UE AGAINST THE ORDER DATED 29.11.2013 OF THE DISPUTES RESOLUTION PANEL ( HEREINAFTER REFERRED TO AS THE DRP) RELEVANT TO ASSESSMENT YEAR 2010-11. 2. THE SOLE ISSUE RAISED IN THIS APPEAL IS RELATING TO THE LEVY OF INTEREST UNDER SECTION 234B OF THE ACT. AT THE TIME OF HEAR ING, THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE QUANTUM OF INTEREST INV OLVED IN THIS APPEAL IS ONLY RS.6,408/- IN RELATION TO WHICH THE DEPARTMENT HAS FILED THE PRESENT APPEAL. IN VIEW OF THE CIRCULAR ISSUED BY CBDT INSTRUCTION NO. 3 OF 2011, DATED 9 TH ITA NO.1028/M/2014 M/S. QUINTILES TRANSNATIONAL CORP. 2 FEBRUARY 2011, THE APPEAL BEFORE THE APPELLATE TRIB UNAL CAN BE FILED BY THE REVENUE, WHEN THE TAX EFFECT EXCEEDS THE MONETARY L IMIT OF RS.3,00,000/-. THEREFORE THE APPEAL OF THE REVENUE IS DISMISSED UN DER SECTION 268A OF THE INCOME TAX ACT. ORDER PRONOUNCED IN THE OPEN COURT ON 24.11.2015. SD/- SD/- (ASHWANI TANEJA) (SANJAY GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED: 27.11.2015. * KISHORE, SR. P.S. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT (A) CONCERNED, MUMBAI THE DR CONCERNED BENCH //TRUE COPY// [ BY ORD ER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.