L'OREAL INDIA P.LTD, MUMBAI V. DCIT (TDS) CIR 2(1), MUMBAI

ITA 2256/MUM/2014

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 3924 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 10 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-02-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: misc
• Appeal Filed On: 03-04-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: PRIYANKA GADA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH A , MUMBAI BEFORE SHRI G.S. PANNU, ACCOUNTANT MEMBER AND SHRI JOGINDER SINGH , JUDICIAL MEMBER ITA NO. 2256 /MUM/2014 ITA NO. 2257 /MUM/2014 : (A.Y : 200 7 - 0 8 ) (A.Y : 20 11 - 1 2 ) M/S. LOREAL INDIA PRIVATE LTD., A - WING, 8 TH FLOOR, MARATHON FUTUREX, N.M. JOSHI MARG, LOWER PAREL, MUMBAI 400 01 3 . PAN : AAACA4739P (APPELLANT) VS. DCIT (TDS) CIRCLE - 2(1) , ROOM NO. 702, 7 TH FLOOR, SMT. K.G. MITTAL HOSPITAL BUILDING, CHARNI ROAD, MUMBAI 2 (RESPONDENT) APPELLANT BY : SHRI PARAS SAVLA & MS. PRIYANKA GADA RESPONDENT BY : SHRI AARSI PRASAD DATE OF HEARING : 11 /02/2016 DATE OF PRONOUNCEMENT : 11 /02/2016 O R D E R PER G.S. PANNU , A M : THE CAPTIONED ARE TWO APPEALS PREFERRED BY THE ASSESSEE AGAINST TWO ORDERS OF CIT(A) DATED 17.12.2013 AND 24.12.2013, WHICH IN TURN AROSE FROM RESPECTIVE DEMAND NOTICES/ORDERS DATED 21.2.2011 AND 1.7.2011 PASSED U/S. 201(1)/201(1A) OF THE INCOME TAX ACT, 1 961 (IN SHORT THE ACT) RESPECTIVELY BY THE ASSESSING OFFICER TREATING THE ASSESSEE IN DEFAULT AND LIABLE FOR INTEREST U/S. 201(1)/201(1A) OF THE ACT FOR RS. 44,11,460/ - AND RS. 42,97,687/ - RESPECTIVELY. 2 M/S. LOREAL INDIA PVT. LTD. ITA NOS. 2256 & 2257/MUM/2014 2. AT THE TIME OF HEARING, THE SINGULAR PLEA OF TH E ASSESSEE WAS THAT THOUGH THE CIT(A) ACCEPTED THE PLEAS OF THE ASSESSEE, RELIEF HAS NOT BEEN ALLOWED STRAIGHTAWAY AND THE MATTERS WERE REMANDED TO THE ASSESSING OFFICER FOR VERIFICATION. 3. IN RESPONSE, THE LEARNED CIT - DR APPEAR ING ON BEHALF OF THE REVEN UE PUT FORTH A REPORT FROM THE ASSESSING OFFICER ENCLOSING ORDER GIVING EFFECT TO THE RESPECTIVE ORDERS OF THE CIT(A) , WHEREBY THE DEMAND S RAISED HA VE BEEN REDUCED TO NIL. IN THIS CONTEXT, THE LEARNED CIT - DR HAS FURNISHED COPIES OF THE ORDERS PASSED BY TH E ASSESSING OFFICER DATED 4.2.2016, WHICH ARE PLACED ON RECORD. 4. IN VIEW OF THE AFORESAID, THE LEARNED REPRESENTATIVE FOR THE ASSESSEE FAIRLY CONCEDED THAT NO GRIEVANCE OF THE ASSESSEE SURVIVES FOR THE PRESENT. AS A CONSEQUENCE, THE APPEALS OF THE ASSE SSEE ARE DISMISSED AS INFRUCTUOUS , AS THE NECESSARY RELIEF HAS BEEN ALLOWED BY THE ASSESSING OFFICER VIDE HIS ORDERS DATED 4.2.2016 GIVING EFFECT TO THE ORDER S OF THE CIT(A). A BOVE DECISION WAS PRONOUNCED IN THE OPEN COURT AT THE CONCLUSION OF THE HEARING IN THE PRESENCE OF BOTH THE PARTIES ON 11.02.2016. SD/ - SD/ - ( JOGINDER SINGH ) JUDICIAL MEMBER ( G.S. PANNU ) ACCOUNTANT MEMBER MUMBAI, DATE : 1 1 T H FEBRUARY, 2016 3 M/S. LOREAL INDIA PVT. LTD. ITA NOS. 2256 & 2257/MUM/2014 COPY TO : 1) THE APPELLANT 2) THE RESPONDENT 3) THE CIT(A) CONCERNED 4) THE CIT CONCERNED 5) THE D.R, A BENCH, MUMBAI 6) GUARD FILE BY ORDER DY./ASSTT. REGISTRAR *SSL* I.T.A.T, MUMBAI