ADIT CIR 3(2), MUMBAI V. BLOOMBERG LP, MUMBAI

ITA 4595/MUM/2012

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 84548 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 5 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-12-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: L
• Next Hearing Date: 18-12-2014
• Assessment Year: 2009-2010
• Appeal Filed On: 06-07-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NEENA SINGH PANDEY
• Assessee Lawyers: K K VED
• Keywords: Business income

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES L MUMBAI . . , , BEFORE SHRI I.P. BANSAL, JUDICIAL MEMBER /AND SHRI SANJAY ARORA, ACCOUNTANT MEMBER ITA NO.4595/MUM/2012 (A.Y.2009-10) THE ASSTT. DIRECTOR OF INCOME TAX (IT)-3(2). MUMBAI. (APPELLANT ) VS. M/S.BLOOMBERG LP M/S. DELOTTE HASKINS & SELLS, CHARTERED ACCOUNTANTS, 264/265, VASWANI CHAMBERS, DR.ANNIE BESANT ROAD, WORLI, MUMBAI 400 030 (RESPONDENT) APPELLANT BY : MS.NEENA SINGH PANDEY RESPONDENT BY : SHRI K.K.VED DATE OF HEARING : 18/12/2014 DATE OF PRONOUNCEMENT : 18 /12/2014 ORDER PER I.P.BANSAL, J.M: THIS IS AN APPEAL FILED BY THE REVENUE AND IT IS D IRECTED AGAINST ORDER PASSED BY LD. CIT(A)-10, MUMBAI DATED 23/04/2012 FOR ASSE SSMENT YEAR 2009-10. GROUNDS OF APPEAL READ AS UNDER: 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE C ASE AND IN LAW, THE LD. CIT (APPEALS) ERRED IN HOLDING THAT THE ASSESSEE IS ELIGIBLE TO T HE RATE PROVIDED UNDER THE TREATY OF 15% OR LOWER RATE OF 10% AS PROVIDED ULS.115A SUBJECT T O THE FULFILLMENT OF THE CONDITION MENTIONED IN THE SECTION IGNORING THE FACT THAT M/S .BLOOMBERG DATA SERVICES (INDIA) PVT.LTD. IS AN AGENCY CUM SERVICE PE OF THE ASSESSE E AND THE INCOME EARNED BY THE ASSESSEE IS BUSINESS INCOME AND TAX RATE WAS APPLIE D @ 43.32% INCLUDING SURCHARGE AND CESS 2. AT THE OUTSET IT WAS SUBMITTED BY LD. DR THAT TH E IMPUGNED ORDER HAS BEEN PASSED BY LD. CIT(A) IN PURSUANCE TO PROCEEDINGS UN DER SECTION 143(1) OF THE INCOME TAX ACT, 1961(THE ACT). IT WAS SUBMITTED BY LD. DR THAT LATTER ON THE DEPARTMENT HAS INITIATED ASSESSMENT PROCEEDINGS UNDER SECTION 143(3), IN WHICH THIS ISSUE HAS ITA NO.4595/MUM/2012 (A.Y.2009-10) 2 ALSO BEEN CONSIDERED, THEREFORE, THIS APPEAL FILED BY THE REVENUE HAS BECOME INFRUCTUOUS. 3. LD. AR DID NOT OBJECT TO THE ABOVE SUBMISSION OF LD.DR. 4. IN THIS VIEW OF THE SITUATION, SINCE REVENUE HAS INITIATED SCRUTINY PROCEEDINGS AGAINST THE ASSESSEE AND IMPUGNED ORDER IS AGAINST 143(1) OF THE ACT, THEREFORE, ACCEPTING THE REQUEST OF LD. DR THIS APPEAL IS CONS IDERED TO BE INFRUCTUOUS IN VIEW OF INITIATION OF SCRUTINY PROCEEDINGS. 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED HAVING BECOME INFRUCTUOUS. . ORDER PRONOUNCED IN THE OPEN COURT ON 18/12/2014 ! ' #$ % &'( 18/12/2014 ' ) SD/- SD/- ( /SANJAY ARORA ) ( . . / I.P. BANSAL ) / ACCOUNTANT MEMBER / JUDICIAL MEMBER MUMBAI; &' DATED 18/12/2014 ! ! ! ! ' '' ' *+, *+, *+, *+, -,$+ -,$+ -,$+ -,$+ / COPY OF THE ORDER FORWARDED TO : 1. ./ / THE APPELLANT 2. *0./ / THE RESPONDENT. 3. 1 ( ) / THE CIT(A)- 4. 1 / CIT 5. ,2) *+' , , / DR, ITAT, MUMBAI 6. )3 4 / GUARD FILE. !' !' !' !' / BY ORDER, 0,+ *+ //TRUE COPY// 5 55 5 / 6 6 6 6 (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI . ' . ./ VM , SR. PS