MAQUET MEDICAL INDIA PRIVATE LIMITED, MUMBAI V. DEPUTY COMMISSIONER OF INCOME TAX 10(2)(2), MUMBAI

ITA 6523/MUM/2017

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 3091 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 3 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-03-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2011-2012
• Appeal Filed On: 07-11-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: D G
• Assessee Lawyers: U A MEHTA
• Section: 143(3); 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES D , MUMBAI BEFORE SHRI B.R. BASKARAN , ACCOUNTANT MEMBER AND SHRI RAVISH SOOD, JUDICIAL MEMBER ITA NO. 6 5 23 /MUM/201 7 ASSESSMENT YEAR : 20 11 - 12 M AQUET MEDICAL INDIA PRIVATE LIMITED, FULCRUM B WING, 204, 2 ND FLOOR, SAHAR ROAD, NEAR HYATT HOTEL, ANDHERI EAST, MUMBAI [PAN : AA DC M8545J ] VS. DEPUTY COMMISSIONER OF INCOME TAX, RANGE - 10(2)(2), MUMBAI (APPELLANT) (RESPONDENT) APPELLANT BY : MS. U.A. MEHTA , RESPONDENT BY : S HRI D.G. PANSARI, SR.AR - CIT DATE OF HEARING : 05 - 03 - 201 9 DATE OF PRONOUNCEMENT : 05 - 03 - 201 9 O R D E R PER RA VISH SOOD , JUDICIAL MEMBER: TH E ASSESSEE HAS FILED THIS APPEAL, WHEREIN THE ASSESSEE IS CONTESTING THAT THE LD. COMMISSIONER OF INCOME TAX (APPEALS) HAS ERRED IN NOT GRANTING THE CREDIT OF DIVIDEND ITA NO. 6 5 23 /MUM/ 20 1 7 : 2 : DISTRIBUTION TAX PAID U/S. 115 - O OF THE INCOME TAX ACT (ACT) AS APPEARING IN FORM NO. 26AS AND ALSO ERRED IN LEVYING INTER EST U/S. 115P OF THE ACT. 2. WE HAVE HEARD THE PARTIES AND PERUSED THE RECORD. 3. AS PER THE SUBMISSION MADE BY THE LD. AR, THE ASSESSEE HAS PAID DIVIDEND DISTRIBUTION TAX U/S. 115 - O OF THE ACT. ACCORDING TO LD. AR, FULL AMOUNT PAID BY THE ASSESSEE HAS NOT BEEN GIVEN DUE CREDIT AGAINST DIVIDEND DISTRIBUTION TAX DETERMINED BY THE AO U/S. 115 - O OF THE ACT. THE CASE OF THE LD. AR IS THAT THE ASSESSEE HAS TAKEN THIS PLEA BEFOR E THE LD. CIT(A) IN THE APPEAL FILED AGAINST QUANTUM ASSESSMENT ORDER , BUT THE LD. CIT(A) HAS DISMISSED THE GROUND OF ASSESSEE UNDER THE ERRONEOUS ASSUMPTION THAT THE ASSESSEE IS SEEKING CREDIT OF DIVIDEND DISTRIBUTION TAX AGAINST THE INCOME TAX PAYABLE ON THE TOTAL INCOME ASSESSED. LD. AR SUBMITTED THAT THE ASSESSEE IS SEEKING DIRECTION TO ALLOW CREDIT OF CORRECT AMOUNT OF DIVIDEND DISTRIBUTION TAX PAID BY THE ASSESSEE AGAINST THE LIABILITY DETERMINED BY THE AO U/S. 115 - O OF THE ACT. ACCORDINGLY SHE SUBMI TTED THAT THE ASSESSEE IS NOT SEEKING ITA NO. 6 5 23 /MUM/ 20 1 7 : 3 : DEDUCTION OF DIVIDEND DISTRIBUTION TAX PAID BY IT AGAINST TO TAX PAYABLE ON THE TOTAL INCOME , AS PRESUMED BY LD CIT(A) . 4. LD.DR, ON THE CONTRARY SUBMITTED THAT THE PRESENT ISSUE DOES NOT ARISE OUT OF ASSESSMENT ORDER PASSED U/S. 143(3) OF THE ACT. 5. ON A SPECIFIC QUERY PUT TO LD. AR AS TO WHETHER THE ASSESSEE HAS MOVED ANY RECTIFICATION PETITION BEFORE THE AO, THE LD. AR ANSWERED IN AFFIRMATIVE . HOWEVER SHE SUBMIT TED THAT THE SAID RECT IFICATION PETITION HAS NOT SINCE BEEN DISPOSED OF BY THE AO. ACCORDINGLY, LD. AR SUBMITTED THAT SUITABLE DIRECTION MAY BE GIVEN BY THE TRIBUNAL TO THE AO IN THIS MATTER. 6. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE RECORD. ADMITTEDLY THE PRESENT APPEAL FILED BY THE ASSESSEE IS AGAINST THE ORDER PASSED BY THE LD. CIT(A) IN THE QUANTUM ASSESSMENT PROCEEDINGS, WHEREIN THE ISSUE OF DIVIDEND DISTRIBUTION TAX PAYABLE U/S. 115 - O OF THE ACT DOES NOT FIND PLACE. HENCE, IN OUR VIEW, THE REMEDY AGAINST THE GRIEVANCE OF THE ASSESSEE DOES NOT ARISE IN THE PRESENT APPEAL. HOWEVER, I T IS OPEN FOR THE ASSESSEE TO SEEK REMEDY IN THE MANNER KNOWN ITA NO. 6 5 23 /MUM/ 20 1 7 : 4 : TO LAW. ACCORDINGLY, WE DO NOT FIND ANY MERIT IN THE PRESENT APPEAL FILED BY THE ASSESSEE AND R EJECT THE SAME. 7. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 5 TH DAY OF MA R CH , 2019 SD/ - SD/ - ( B. R . BASKARAN ) (RAVISH SOOD ) / ACCOUNTANT M EMBER / JUDICIAL MEMBER / MUMBAI; / DATED : 5 TH MARCH , 201 9 TNMM ITA NO. 6 5 23 /MUM/ 20 1 7 : 5 : / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) , MUMBAI 4. / CIT, MUMBAI 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE / BY ORDER, //TRUE COPY// / (DY./ASST. REGISTRAR) , / ITAT, MUMBAI