Barry Wehmiller International Private Limited, CHENNAI V. DCIT, CHENNAI

ITA 609/CHNY/2015

• Counselvise Citation: 60921714 RSA 2015
• Duration Of Justice: 2 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-06-2015
• Appeal Filed By: Assessee
• Bench Allotted: D
• Next Hearing Date: 28-05-2015
• Assessment Year: 2010-2011
• Appeal Filed On: 27-03-2015
• Court: TRIBUNAL
• Keywords: Additional evidence
• Section: 143(3)

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, CHENNAI ... , . , , BEFORE SHRI N.R.S.GANESAN, JUDICIAL MEMBER AND SHRI A.MOHAN ALANKAMONY, ACCOUNTANT MEMBER ./ I.T.A.NOS.762/MDS./2014 & ITA NOS.609/MDS./2015 ( ! '! / ASSESSMENT YEARS :2009-10 & 2010-11) M/S. BARRY WEHMILLER INTERNATIONAL PVT LTD ., (FORMERLY KNOWN AS M/S.BARRY WEHMILLER INTERNTIONAL RESOURCES LTD.,) 23/1,B-3,MPL SILICON TOWERS, VELACHERY TAMBARAM MAIN ROAD, PALLIKARANI, CHENNAI 601 302. VS. ASSISTANT COMMISSIONER OF INCOME TAX, COMPANY CIRCLE-I(2) CHENNAI. PAN AAACM 4854 B ( / APPELLANT ) ( / RESPONDENT ) #$% & ' / APPELLANT BY : MR.VIKRAM VIJAYARAGHAVAN, ADVOCATE ()$% & ' / RESPONDENT BY : MR.JOE SEBASTIN,CIT, D.R ITA NO.609 /MDS/2015 ITA NO.762 /MDS/2014 2 * + & ,- / DATE OF HEARING : 28. 05.2015 .' & ,- /DATE OF PRONOUNCEMENT : 10.06.2015 / O R D E R PER A.MOHAN ALANKAMONY , ACCOUNTANT MEMBER: THESE TWO APPEALS ARE FILED BY THE ASSESSEE, AGGR IEVED BY THE ORDER OF THE ASSISTANT COMMISSIONER OF INCOME-TAX, COMPANY CIRCLE I(2), CHENNAI DATED 04.02.2014 FOR THE ASSESSMENT Y EAR 2009-10 & DATED 05.02.2015 FOR THE ASSESSMENT YEAR 2010-11 BO TH THE ORDER PASSED UNDER SECTION 143(3) R.W.S 92CA OF THE ACT PURSUANT TO THE ORDER OF THE DISPUTE RESOLUTION PANEL, CHENNAI DAT ED 20.12.2013 FOR ASSESSMENT YEARS 2009-10 & DATED 29.12.2014 FOR THE ASSESSMENT YEAR 2010-11. 2. AT THE OUTSET, THE LEARNED COUNCIL SUBMITTED WIT H REGARD TO THE REJECTION OF INTERNAL CUP METHOD BY THE DRP WITH RE SPECT TO BOTH THE APPEALS THAT, AT THE TIME OF HEARING BEFORE THE DRP & TPO MANY ITA NO.609 /MDS/2015 ITA NO.762 /MDS/2014 3 AGREEMENTS BETWEEN THE ASSESSEE AND ITS CLIENTS WER E NOT AVAILABLE AND THEREFORE THE SAME COULD NOT BE PRODUCED BEFORE THE REVENUE. IT WAS THEREFORE REQUESTED THAT THE MATTER MAY BE R EMITTED BACK TO THE FILE OF THE LD. ASSESSING OFFICER WHO SHALL REF ER THE SAME TO THE TPO IN ORDER TO CONSIDER THE MATTER AFRESH IN THE L IGHT OF THE AGREEMENTS WHICH IS NOW PLACED BEFORE THE TRIBUNAL. THE LD. D.R. DID NOT HAVE SERIOUS OBJECTIONS FOR REMITTING BACK THE MATTER. 3. AFTER CONSIDERING THE SUBMISSIONS OF THE LD. A. R., IN THE INTEREST OF JUSTICE WE HEREBY ADMIT THE ADDITIONAL EVIDENCE PRODUCED BEFORE THE BENCH AND REMIT THE ISSUE WITH RESPECT TO THE R EJECTION OF INTERNAL CUP METHOD BACK TO THE FILE OF LD. ASSESSING OFFICE R IN BOTH THE APPEALS IN ORDER TO REFER THE SAME BEFORE THE LD.TP O FOR DENOVO CONSIDERATION IN THE LIGHT OF THE ADDITIONAL EVIDEN CE PRODUCED BEFORE US. NO OTHER ISSUE IS ARGUED BEFORE US AND THEREFO RE THEY ARE NOT CONSIDERED. ITA NO.609 /MDS/2015 ITA NO.762 /MDS/2014 4 4. IN THE RESULT, THE APPEALS OF THE ASSESSEE ARE A LLOWED FOR STATISTICAL PURPOSES AS INDICATED HEREIN ABOVE. ORDER PRONOUNCED ON 10 TH JUNE, 2015 AT CHENNAI. SD/- SD/- ( . . . ! ) ( N.R.S.GANESAN ) ( . #$% # ) (A.MOHAN ALANKAMONY) JUDICIAL MEMBER ACCOUNTANT MEMBER CHENNAI, DATED THE 10 TH JUNE, 2015. K S SUNDARAM. & (,/0# 1 0', /COPY TO: 1. #$% /APPELLANT 2. ()$% /RESPONDENT 3. * 2, (#) /CIT(A) 4. * 2, /CIT 5. 05 (,6 /DR 6. ! 7+ /GF