ACIT 1(3), MUMBAI V. GENERAL INSURANCE CORPORAION OF INDIA, MUMBAI

ITA 3905/MUM/2009

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 0967 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 1 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-07-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 29-07-2010
• Assessment Year: 2005-2006
• Appeal Filed On: 17-06-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: JAYASHREE RANADE
• Section: 40(a)(ia); 254(2)

Judgement Text

ITA NO.3905/MUM/2009 ASSESSMENT YEAR : 2005-06 PAGE 1 OF 4 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI G BENCH, MUMBAI BEFORE SHRI PRAMOD KUMAR (ACCOUNTANT MEMBER) AND SMT. ASHA VIJAY RAGHAVAN, (JUDICIAL MEMBER) ITA NO. 3905/MUM./2009 ASSESSMENT YEAR : 2005-06 DATE OF HEARING : 29.7.2010 ASSISTANT COMMISSIONER OF INCOME TAX ..... . APPELLANT CIRCLE I(3), AAYAKAR BHAVAN M.K. ROA, MUMBAI 400 020 VS. GENERAL INSURANCE CORPORATION OF INDIA LTD. .. RESPONDENT SURAKSHA, 170J, TATA ROAD CHURCHGATE, MUMBAI 400 020 PAN AAACG0615N APPELLANT BY : SHRI PAVAN VED RESPONDENT BY : SMT. JAYASHREE RANADE O R D E R PER PRAMOD KUMAR: 1. BY WAY OF THIS APPEAL, THE ASSESSING OFFICER HAS CALLED INTO QUESTION CORRECTNESS OF CIT(A)S ORDER DATED 20 TH APRIL 2009, FOR ASSESSMENT YEAR 2005-06. ITA NO.3905/MUM/2009 ASSESSMENT YEAR : 2005-06 PAGE 2 OF 4 2. GRIEVANCES RAISED BY THE ASSESSEE, ARE AS FOLLOWS:- 1. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW, THE LD. CIT(A) ERRED IN HOLDING THAT THE ASSESSEE IS NO T LIABLE FOR DEDUCTION OF TAX AT SOURCE AND THAT THE PROVISIONS OF SECTION 40(A)(IA) CANNOT BE INVOKED TO DISALLOW THE REINSU RANCE COMMISSION IN LIGHT OF NON-APPLICABILITY OF PROVIS IONS OF SECTION 194H AND 194D. 2. FURTHER, PLACED IN THE ABOVE FACTUAL AND LEGAL S CENARIO, THE IMPUGNED ORDER OF THE LD. CIT(A) IS, THE APPELL ANT PRAYS, CONTRARY TO LAW AND CONSEQUENTLY MERITS TO BE SET A SIDE AND THAT OF THE ASSESSING OFFICER BE RESTORED. 3. LEARNED DEPARTMENTAL REPRESENTATIVE, DURING THE COU RSE OF HEARING, SUBMITTED BEFORE US THAT THE ASSESSEE, BEING A GOVE RNMENT OF INDIA ENTERPRISE, COULD NOT OBTAIN PERMISSION FROM THE CO MMITTEE ON DISPUTE (COD) AND IN VIEW OF THIS, THE APPEAL BY THE ASSESS ING OFFICER CANNOT BE HEARD. WE, CONSEQUENTLY, CONSIGN THE APPEAL TO REC ORD AND THE SAME SHALL BE DEEMED TO HAVE BEEN DISMISSED SUBJECT TO THE RID ER THAT THE ASSESSING OFFICER SHALL BE AT LIBERTY TO MOVE AN APPLICATION U/S 254(2) OF THE INCOME TAX ACT, 1961, IN CASE THE ASSESSEE IS ABLE TO OBTA IN THE COD PERMISSION. 4. SUBJECT TO THE OBSERVATIONS MADE ABOVE, THE APPEAL OF THE ASSESSING OFFICER IS DISMISSED. PRONOUNCED IN THE OPEN COURT TODAY ON THIS 29 TH DAY OF JULY, 2010. SD/XX SD/XX (ASHA VIJAY RAGHAVAN) (PRAMOD KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; 29 TH DAY OF JULY, 2010. ITA NO.3905/MUM/2009 ASSESSMENT YEAR : 2005-06 PAGE 3 OF 4 COPY FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. COMMISSIONER OF INCOME TAX, MUMBAI 4. COMMISSIONER (APPEALS) , MUMBAI 5. DEPARTMENTAL REPRESENTATIVE, G BENCH, ITAT, MU MBAI 6. GUARD FILE TRUE COPY BY ORDER ASSISTANT REGISTRAR PRADEEP J. CHWODHURY INCOME TAX APPELLATE TRIBUNAL SR. PRIVATE SECRETARY MUMBAI BENCHES, M UMBAI ITA NO.3905/MUM/2009 ASSESSMENT YEAR : 2005-06 PAGE 4 OF 4 DATE INITIAL 1. DRAFT DICTATED ON 28.7.2010 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 28.7.2010 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 28.7.2010 JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER 28.7.2010 JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS 28.7.2010 SR.PS/PS 6. DATE OF PRONOUNCEMENT 30.7.2010 SR.PS 7. FILE SENT TO THE BENCH CLERK 30.7.2010 SR.PS 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK 9. DATE OF DISPATCH OF ORDER