ACIT, CHENNAI V. M/s. Sali Health Care (P) Ltd., CHENNAI

ITA 2062/CHNY/2010

• Counselvise Citation: 206221714 RSA 2010
• Duration Of Justice: 8 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-08-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 17-08-2011
• Assessment Year: 2003-2004
• Appeal Filed On: 06-12-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T N BETGIRI
• Assessee Lawyers: T BANUSEKAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, CHENNAI BEFORE DR. O.K. NARAYANAN, VICE-PRESIDENT AND SHRI HARI OM MARATHA, JUDICIAL MEMBER I.T.A.NO. 2062/MDS/2010 (ASSESSMENT YEAR : 2003-04) THE ASSISTANT COMMISSIONER OF INCOME-TAX, COMPANY CIRCLE-VI(1) CHENNAI 600 034. VS. M/S. SALI HEALTH CARE (P) LTD., F-11, SHOBA II FLOOR, II MAIN ROAD, ANNANAGAR (EAST), CHENNAI 600 102. PAN - AAFCS 2442 G (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI T.N.BETGIRI, JCIT RESPONDENT BY : SHRI T. BANUSEKAR, CA DATE OF HEARING : 17 TH AUGUST, 2011 DATE OF PRONOUNCEMENT : 17 TH AUGUST, 2011 O R D E R PER DR. O.K. NARAYANAN, VICE-PRESIDENT THIS APPEAL FILED BY THE REVENUE IS FOR THE ASSESSM ENT YEAR 2003-04. THIS APPEAL IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-V, AT CH ENNAI DATED ITA 2062/10 :- 2 -: 8.9.2010 AND ARISES OUT OF THE ASSESSMENT COMPLETED UNDER SEC.143(3) READ WITH SEC.147 OF THE INCOME-TAX ACT, 1961. 2. THE GROUND RAISED BY THE REVENUE IN THE PRESENT APPEAL IS THAT THE COMMISSIONER OF INCOME-TAX (APPEALS) HAS E RRED IN DELETING THE ADDITION OF ` 75 LAKHS MADE BY THE ASSESSING OFFICER TOWARDS NON-COMPETE FEE, SALE OF BRANDS AND IPRS. IT IS THE CONTENTION OF THE REVENUE THAT THE DECISION OF THE TRIBUNAL RENDERED IN THE CASE OF M/S. MOVA CONSULTANTS PVT. LTD. IN ITA NO.557/MDS/2007 FOR THE ASSESSMENT YEAR 2003-04 HAS NOT BECOME FINAL AS THE REVENUE HAS SOUGHT APPEAL BEFOR E THE HONBLE HIGH COURT. 3. WE FIND THAT THE VERY SAME ISSUE WAS CONSIDERED BY THE TRIBUNAL FOR THE SAME VERY YEAR IN THE CASE OF M/S. MOVA CONSULTANTS PVT. LTD. AND HAS HELD THAT THE ADDITIO N WAS NOT JUSTIFIED. THE COMMISSIONER OF INCOME-TAX (APPEALS ) IS BOUND TO FOLLOW THE ORDER OF THE JURISDICTIONAL TRIBUNAL. T HEREFORE, HE HAS RIGHTLY DELETED THE ADDITION. ITA 2062/10 :- 3 -: 4. IN RESULT, THIS APPEAL FILED BY THE REVENUE IS D ISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING, ON WEDNESDAY, THE 17 TH DAY OF AUGUST, 2011 AT CHENNAI. SD/ SD/- (HARI OM MARATHA) (DR.O.K.NARAYANAN) JUDICIAL MEMBER VICE-PRESIDENT CHENNAI, DATED THE 17 TH AUGUST, 2011 MPO* COPY TO : APPELLANT/RESPONDENT/CIT/CIT(A)/DR