MORGAN STANLEY ASIA ( SINGAPORE) PTE., MUMBAI V. DDIT I(IT) 4(1), MUMBAI

ITA 4365/MUM/2012

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 71403 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 3 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-10-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: K
• Next Hearing Date: 17-11-2014
• Assessment Year: 2007-2008
• Appeal Filed On: 26-06-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: AJEET KUMAR JAIN
• Keywords: Transfer pricing

Judgement Text

` IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH K, MUMBAI . , !'# $ % & , ' !'# !( BEFORE SHRI D. KARUNAKARA RAO, ACCOUNTANT MEMBER AND SHRI VIVEK VARMA, JUDICIAL MEMBER !. : 4365 / / 2012 A.Y. 2007-2008 ITA NO. : 4365/MUM/2012 (ASSESSMENT YEAR: 2007-2008) M/S. MORGAN STANLEY ASIA (SINGAPORE) PTE., C/O. S R B C & ASSOCIATES, 6 TH FLOOR, EXPRESS TOWERS, NARIMAN POINT, MUMBAI -400 021 .: PAN: AAECM 3575 B VS DEPUTY DIRECTOR OF INCOME TAX (INTERNATIONAL TAXATION) -4(1), SCINDIA HOUSE, N.M. MARG, MUMBAI -400 038 (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI AJEET KUMAR JAIN /DATE OF HEARING : 21-10-2013 !' / DATE OF PRONOUNCEMENT : 21-10-2013 ' + O R D E R % & , !: PER VIVEK VARMA, JM: THE INSTANT APPEAL IS FILED BY THE ASSESSEE AGAINST THE OR DER OF THE CIT(A) 15, MUMBAI, DATED 03.04.2012 FOR AY 2007-08. 2. ON PREVIOUS OCCASION, APPEAL WAS FIXED FOR HEARING ON 29.07.2013, AS REQUEST LETTER DATED 17 TH JULY, 2013 RECEIVED FROM THE ASSESSEE MENTIONING THEREIN, THE ISSUES INVOLVED IN THE CAPTIONED APPEAL INCLUDE GROUNDS RELATING TO TRANSFER PRICING A ND INTERNATIONAL TAX. WE UNDERSTAND THAT RECENTLY IT WAS DECIDED THAT APPE ALS INVOLVING BOTH, TRANSFER PRICING AND INTERNATIONAL TAX ISSUES, SHALL BE HEARD AND DECIDED BY THE K BENCH AND AS PER THE ORDER OF HONBLE PRESIDENT DATED M/S. MORGAN STA NLEY ASIA (SINGAPORE) PTE. ITA NO. 4365/MUM/2012 2 31.07.2013, THIS CASE HAS BEEN TRANSFERRED TO K BENCH AND FIXED FOR HEARING ON 21.10.2013. ON DATE, FIXED FOR HEARING ON 21.10.20 13, NONE APPEARED ON BEHALF OF THE ASSESSEE NOR ANY ADJOURNMENT LETTER HAS BEEN RECEIVED. HENCE, FOLLOWING THE DECISION OF THE ITAT, IN THE CASE OF MULTIPLAN INDIA LTD., REPORTED IN 38 ITD 320 (DEL) AND THE J UDGMENT OF THE HONBLE MADHYA PRADESH HIGH COURT IN THE CASE OF LA TE TUKOJIRAO HOLKAR VS CWT, REPORTED IN (1997) 223 ITR 480 (MP), THE APP EAL FILED BY THE ASSESSEE IS DISMISSED. 3. IN THE RESULT, APPEAL OF THE ASSESSEE STAND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 21 ST OCTOBER, 2013. $%& !' ' ( )% 21. 10.2013 ' . | ORDER PRONOUNCED IN THE OPEN COURT ON 21 ST OCTOBER, 2013. SD/- SD/- ( . ) ( % & ) !'# !'# (D. KARUNAKARA RAO) (VIVEK VARMA) ACCOUNTANT MEMBER JUDICIAL MEMBER ((1 MUMBAI, )% DATE: 21 ST OCTOBER, 2013 / COPY TO:- 1) / THE APPELLANT. 2) / THE RESPONDENT. 3) $ $ 2 ( ) - 15, MUMBAI / THE CIT (A)-15, MUMBAI. 4) THE DIT(IT)/CIT-CONCERNED _____, MUMBAI, 5) 45. 6 , $ 6 , (1 / THE D.R. K BENCH, MUMBAI. 6) .7 8 COPY TO GUARD FILE. $%& / BY ORDER / / TRUE COPY / / [ 9 / : ; $ 6 , (1 DY. / ASSTT. REGISTRAR I.T.A.T., MUMBAI *=>: . . * CHAVAN, SR. PS