CIBA RESEARCH (INDIA) P.LTD ( SUCCEEDED BY BASF INDIA LTD), MUMBAI V. ACIT RG 9(1), MUMBAI

ITA 3337/MUM/2010

• Counselvise Citation: 333719914 RSA 2010
• Duration Of Justice: 1 year(s) 3 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-08-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 11-08-2011
• Assessment Year: 2005-2006
• Appeal Filed On: 29-04-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S K SINGH
• Section: 143(3); 14A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, C, MUMBAI BEFORE SHRI R V EASWAR, PRESIDENT AND SHRI B RAMAKOTAIAH, ACCOUNTANT MEMBER I T A NO: 3337/MUM/2010 (ASSESSMENT YEAR: 2005-06) CIBA RESEARCH (INDIA) PVT. LTD., MUMBAI APPELLAN T (NOW KNOWN AS BASF INDIA LIMITED) (PAN: AAACC2425N) VS ASSISTANT COMMISSIONER OF INCOME TAX 9(1) RESPOND ENT MUMBAI ASSESSEE BY: MR MADHUR AGRAWAL REVENUE BY: MR S K SINGH DATE OF HEARING: 11 TH AUGUST 2011 DATE OF PRONOUNCEMENT: 11 TH AUGUST 2011 O R D E R R V EASWAR, PRESIDENT: THIS APPEAL BY THE ASSESSEE RELATES TO THE ASSESSM ENT YEAR 2005-06 AND ARISES OUT OF THE ASSESSMENT MADE UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961, BY ORDER DATED 14 TH NOVEMBER 2007. THE ASSESSEE IS A COMPANY ENGAGED IN SCIENTI FIC RESEARCH, INVESTMENTS AND JOINT VENTURES. 2. THE FIRST GROUND IS THAT THE CIT(A) ERRED IN UPH OLDING THE DISALLOWANCE OF EXPENDITURE OF ` 82,48,833/- ON SCIENTIFIC RESEARCH, CLAIMED AS A DEDUCTION UNDER SECTION 35(1)(IV) OF T HE ACT. AT THE TIME OF THE HEARING IT WAS FAIRLY POINTED OUT TO US THAT THIS GROUND IS COVERED AGAINST THE ASSESSEE BY THE ORDER OF THE TR IBUNAL IN THE ASSESSEES OWN CASE FOR THE ASSESSMENT YEAR 2000-01 IN ITA NOS: ITA NO: 3337/MUM/2010 2 6719/MUM/2006 & 6720/MUM/2006, DATED 13 TH MARCH 2009. IN PARAGRAPH 13 OF THE SAID ORDER THIS ISSUE HAS BEEN DISCUSSED AND DECIDED AGAINST THE ASSESSEE. THERE IS NO DISPUTE THAT THE FACTS ARE THE SAME FOR THE YEAR UNDER APPEAL. THEREFORE, RESPECTFULLY FOLLOWING THE AFORESAID ORDER OF THE TRIBUNAL, WE A FFIRM THE DISALLOWANCE AND DISMISS THE GROUND. 3. THE SECOND GROUND RELATES TO THE DISALLOWANCE MA DE UNDER SECTION 14A READ WITH RULE 8D. THIS GROUND WAS NOT PRESSED AND IS DISMISSED AS SUCH. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF THE HEARING ON 11 TH AUGUST 2011. SD/- SD/- (B RAMAKOTAIAH) (R V EASWAR) ACCOUNTANT MEMBER PRESIDE NT MUMBAI, DATED 11 TH AUGUST 2011 SALDANHA COPY TO: 1. CIBA RESEARCH (INDIA) PVT. LTD. (NOW KNOWN AS BASF INDIA LTD.) 1 ST FLOOR, VIBGYOR TOWERS, UNIT NO.101 PLOT NO.C-62 G BLOCK, BANDRA KURA COMPLEX BANDRA (EAST), MUMBAI 400 051 2. ACIT 9(1), MUMBAI 3. CIT-9, MUMBAI 4. CIT(A)-19, MUMBAI 5. DR C BENCH TRUE COPY BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI