DDIT (IT)-1(1), MUMBAI V. DAMPSKIBASSELSKABET OF 1912 A/S. AKTIESELSKABET, MUMBAI

ITA 2371/MUM/2009

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 9354 (ITAT-MUMBAI)
• Duration Of Justice: 9 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-01-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2003-2004
• Appeal Filed On: 15-04-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MRS VANDANA SAGAR
• Assessee Lawyers: PORUS F KAKA
• Section: 234B; 195

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES D : MUMBAI BEFORE SHRI D. MANMOHAN, HONBLE VICE PRESIDENT AND SHRI P.M. JAGTAP, ACCOUNTANT MEMBER ITA. NO.2370/MUM/2009 - ASSESSMENT YEAR 2002-2003 ITA. NO.2371/MUM/2009 - ASSESSMENT YEAR 2003-2004 DEPUTY DIT-(IT), MUMBAI 400 038. VS. M/S. DAMPSKIBSSELSKABET OF 1912 A/S. AKTIESELSKABET. MUMBAI 030 PAN AABCD-9829-J (APPELLANT) (RESPONDENT) FOR APPELLANT : MRS. VANDANA SAGAR FOR RESPONDENT : SHRI PORUS F. KAKA ORDER PER SHRI D. MANMOHAN, V.P. THESE APPEALS ARE FILED AT THE INSTANCE OF THE RE VENUE. COMMON ISSUE IS INVOLVED IN BOTH THE APPEALS. HENCE THEY ARE DISPOSED OF TOGETHER. THE ONLY GROUND URGED BEFORE THE TRIBU NAL READS AS UNDER : ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD. CIT(A) ERRED IN HOLDING THAT ALL THE I NCOME RETURNED BY THE ASSESSEE WOULD BE COVERED UNDER SEC TION 195 AND DIRECTING THE ASSESSING OFFICER NOT TO CHAR GE INTEREST UNDER SECTION 234B OF THE INCOME-TAX ACT, 1961. 2. AT THE TIME OF HEARING, LEARNED COUNSEL, APPEAR ING ON BEHALF OF THE ASSESSEE SUBMITTED THAT THE ISSUE STANDS COV ERED IN FAVOUR OF THE ASSESSEE AND AGAINST THE REVENUE BY THE DECISION OF THE ITAT SPECIAL BENCH DELHI IN THE CASE OF MOTOROLA 95 ITD 269 AND THE VIEW TAKEN BY THE SPECIAL BENCH WAS AFFIRMED BY THE HONBLE BOMBA Y HIGH COURT IN THE 2 CASE OF DIRECTOR OF INCOME TAX (INTERNATIONAL TAXAT ION) VS. NGC NETWORK ASIA LLC (2009) 313 ITR 187 (BOM.) 3. THE LEARNED D.R. HOWEVER, STRONGLY RELIED UPON THE ORDER OF THE ASSESSING OFFICER. 4. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE RECORD. HAVING REGARD TO THE DECISIONS CITED BEFORE US, WE ARE OF THE VIEW THAT THE ORDERS PASSED BY THE LEARNED CIT(A) DO NOT CALL FOR INTERFERENCE. WE THEREFORE, DISMISS THE APPEALS FILED BY THE REVE NUE, AS DECLARED IN THE OPEN COURT. ORDER PRONOUNCED IN THE OPEN COURT, ON THIS THE 1 5 TH DAY OF JANUARY, 2010 SD/- SD/- (P.M. JAGTAP) (D.MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDENT MUMBAI, DATE 15 TH JANUARY, 2010. VBP/- COPY TO 1. DDIT (IT), ROOM NO. 117, SCINDIA HOUSE, 1 ST FLOOR, BALLARD ESTATE, N.M. ROAD, MUMBAI 400 038. 2. M/S. DAMPSKIBSSELSKABET OF 1912 A/S. AKTIESELSKA BET, C/O. DELOITTE AND HASKINS SELLS, C.AS. 264-265, VASWANI CHAMB ERS, DR. ANNIE BESANT ROAD, WORLI, MUMBAI 400 030. 4. CIT(A)-XXX1, MUMBAI 5. DIT (INTERNATIONAL TAXATION), MUMBAI 6. D.R. D BENCH, MUMBAI. 7. GUARD FILE. (TRUE COPY) BY ORDER ASST. REGISTRAR, ITAT, MUMBAI BENCHES MUMBAI. 3 SNO DATE INITIALS 1 DRAFT DICTATED ON 14-01-2010 SR.P.S 2. DRAFT PLACED BEFORE AUTHOR 14-01-2010 SR.P.S 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER V.P. 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER A.M 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.P.S 6. KEPT FOR PRONOUNCEMENT ON SR.P.S 7. FILE SENT TO THE BENCH CLERK SR.P.S 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK 9. DATE OF DISPATCH OF ORDER