DCIT, New Delhi V. M/s. Tupperware India Pvt. Ltd., New Delhi

ITA 6641/DEL/2013

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 97353 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 8 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-09-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 08-09-2015
• Assessment Year: 2005-2006
• Appeal Filed On: 17-12-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T VASANTHAN
• Keywords: Wholly owned subsidiary; Revised return

Judgement Text

1 ITA NO. 6641/DEL/2013 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: D NEW DELHI BEFORE SHRI S.V. MEHROTRA, ACCOUNTANT MEMBER AND MS. SUCHITRA KAMBLE , JUDICIAL MEMBER I.T.A .NO.- 6641/DEL/2013 (ASSESSMENT YEA R-2005-06) DCIT CIRCLE-16 (1) NEW DELHI (APPELLANT) VS TUPPERWARE INDIA PT. LTD. 204-206, TOLSTOY HOUSE, 15- TOLSTOY MARG NEW DELHI AAACT3770D (RESPONDENT) APPELLANT BY SH. T. VASANTHAN, SR. DR RESPONDENT BY SH.K. M. GUPTA, ADV. ORDER PER SUCHITRA KAMBLE, JM THIS APPEAL IS FILED BY THE REVENUE AGAINST THE ORD ER DATED 6/9/2013 PASSED BY CIT(A) XIX, NEW DELHI. 2. THE GROUND OF APPEAL RAISED BY THE REVENUE IS AS FOLLOWS: 1. LD. CIT(A) ERRED IN LAW AND ON THE FACTS OF THE CASE IN CANCELLING THE PENALTY OF RS.23,82,600/- IMPOSED BY THE AO U/S 271(1) (C) OF THE ACT. DATE OF HEARING 08.09.2015 DATE OF PRONOUNCEMENT 10.09.2015 2 ITA NO. 6641/DEL/2013 3. THE ASSESSEE IS A WHOLLY OWNED SUBSIDIARY OF M/S TUPPERWARE ASIA PACIFIC HOLDINGS PVT. LTD MAURITIUS AND PROPRI ETOR OF BRAND TUPPERWARE CARRYING ITS BUSINESS ACTIVITIES FROM ALL PARTS OF THE WORLD THROUGH VARIOUS SUBSIDIARIES. IT FILED ITS R ETURN FOR A. Y 2005- 06 WHICH WAS SELECTED FOR SCRUTINY. THE ASSESSING OFFICER AFTER CONSIDERING THE REVISED RETURN AND THE SUBMISSION O N THE ASSESSEES BEHALF ADDED BACK RS.65,11,174/-SOUGHT TO BE WRITTE N OFF AS OBSOLETE STOCK. THE CIT(A) UPHELD THE ORDER OF THE ASSESSING OFFICER. AGAINST THE SAID CIT(A)S ORDER THE ASSESS EE FILED THE APPEAL WHICH WAS ALLOWED BY THE TRIBUNAL VIDE ORDER DATED 7/6/2014. AGGRIEVED BY THE SAID ORDER, THE REVENUE WENT IN AP PEAL (ITA NO. 154/2014) BEFORE THE HONBLE DELHI HIGH COURT. THE HONBLE HIGH COURT DISMISSED THE APPEAL AND UPHELD THE TRIBUNAL S ORDER IN RESPECT OF QUANTUM APPEAL. 4. IN PRESENT APPEAL BEFORE THE ITAT, THE REVENUE C HALLENGED THE ORDER OF THE CIT(A) WHEREBY DELETING THE PENALTY IM POSED U/S 271(1) (C) OF THE INCOME TAX ACT 1961. SINCE THE QUANTUM APPEAL IS ALLOWED IN FAVOUR OF THE ASSESSEE, THIS APPEAL FILE D BY THE REVENUE HAS NO LEGS TO STAND. 5. IN RESULT, THE APPEAL OF THE REVENUE IS DISMISSE D. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 10 TH OF SEPTEMBER 2015. SD/- SD/- ( S.V. MEHROTRA) (SUCHI TRA KAMBLE) ACCOUNTANT MEMBER JUDICIAL MEMBER 3 ITA NO. 6641/DEL/2013 DATED: 10/09/2015 *R. NAHEED* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI DATE 1. DRAFT DICTATED ON 08.09.2015 PS 2. DRAFT PLACED BEFORE AUTHOR 08.09.2015 PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 10.09.2015 JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS 10.09.2015 PS/PS 6. KEPT FOR PRONOUNCEMENT ON PS 7. FILE SENT TO THE BENCH CLERK 10.09.2015 PS 8. DATE ON WHICH FILE GOES TO THE AR 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 10. DATE OF DISPATCH OF ORDER. 4 ITA NO. 6641/DEL/2013