DDIT (IT) 4(2), MUMBAI V. QUINTILES INC., MUMBAI

ITA 660/MUM/2014

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 93074 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-07-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2010-2011
• Appeal Filed On: 28-01-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A K SRIVASTAVA
• Section: 234B

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL ' D ' BENCH, MUMBAI BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI SANJAY ARORA , ACCOUNTANT MEMBER ITA NO. 660/MUM/2014 (ASSESSMENT YEAR: 2010 - 11 ) DY. DIRECTOR OF INCOME TAX VS. M/S. QUINTILES INC. (INTERNATIONAL TAXATION) - 4(2) MUMBAI C/ O. DELOITTEE HASKINS & SELLS, CA S TOWER 3, 28 TH FLOOR, INDIA BULLS FINANCE CENTRE, ELPHINSTONE MILL COMPOUND , MUMBAI 4 00013 PAN - AAACQ2008D APPELLANT RESPONDENT APPELLANT BY: SHRI A.K. SRIVASTAVA RESPONDENT BY: SHRI KETAN VED DATE OF HEARING: 07.07. 2015 DATE OF PRONOUNCEMENT: 07.07.2015 O R D E R PER D. MANMOHAN, V.P. THIS APPEAL IS FILED AT THE INSTANCE OF THE REVENUE. INTEREST CHARGED UNDER SECTION 234B OF THE ACT , HAVING BEEN DELETED BY THE DRP , REVENUE IS IN APP EAL BEFORE US. 2. AT THE TIME OF HEARING LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE QUANTUM OF INTEREST IS ONLY ` 4,097/ - ON WHICH THE DEPARTMENT HAS PREFERRED APPEAL. IN THE LIGHT OF THE CIRCULAR ISSUED BY THE CBDT (NO. 3 OF 2011) THE DEPARTMENT SHOULD NOT HAVE PREFERRED AN APPEAL IN THIS MATTER. THE LEARNED D.R. FAIRLY ADMITTED THE FACTUAL POSITION. UNDER THESE CIRCUMSTANCES WE DISMISS THE APPEAL. ORDER PRONOUNCED IN THE OPEN COURT ON 7 TH JULY, 2015. SD/ - SD/ - ( SANJAY ARORA ) (D. MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDENT MUMBAI, DATED: 7 TH JULY, 2015 ITA NO. 660/MUM/2014 M/S. QUINTILES INC. 2 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. DRP - II , MUMBAI 4. THE CIT, CONCERNED 5. THE DR, D BENCH, ITAT, MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI N.P.