DCIT 1(2), MUMBAI V. GOLDMAN SACHS (I) UINANCE P.LTD, MUMBAI

ITA 6871/MUM/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 2829 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-07-2016
• Appeal Filed By: Department
• Bench Allotted: G
• Next Hearing Date: 05-07-2016
• Assessment Year: 2011-2012
• Appeal Filed On: 11-11-2014
• Court: TRIBUNAL
• Assessee Lawyers: JEHANGIR MISTRY

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI BEFORE S/ SHRI B.R. BASKARAN (AM) & PAWAN SINGH (JM) I.T.A. NO. 6871 /MUM/ 20 1 4 (ASSESSMENT YEAR 2011 - 12 ) DCIT 1(2) ROOM NO. 535 AAYAKAR BHAVAN M.K. ROAD MUMBAI - 400 020. VS. M/S. GOLDMAN SACHS (IND IA) FINANCE PVT. LTD. 951 - A, RATIONAL HOUSE APPASAHEB MARATHE MARG PRABHADEVI MUMBAI - 400 025. ( APPELLANT ) ( RESPONDENT ) PAN NO . AAACP2448J ASSESSEE BY SHRI JEHANGIR MISTRY DEPARTMENT BY MISS NILU JAGGI DATE OF HEARING 5 . 7 . 201 6 DATE OF PRONO UNCEMENT 5 . 7 . 201 6 O R D E R PER B.R. BASKARAN(AM) : - THE APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 30.7.2014 PASSED BY LEARNED CIT(A) - 2, MUMB AI AND IT RELATES TO A.Y. 2011 - 12 . 2. THE REVENUE IS AGGRIEVED BY THE DECISION OF LEA RNED CIT(A) IN HOLDING THAT NO DISALLOWANCE IS REQUIRED TO BE MADE U/S. 40(A)(IA) OF THE ACT FOR NON DEDUCTION OF TAX AT SOURCE ON REIMBURSEMENT OF EXPENSES. 3. LEARNED COUNSEL APPEARING FOR THE ASSESSEE SUBMITTED THAT IDENTICAL ISSUE CAME UP FOR CONSIDE RATION BEFORE THE COORDINATE BENCH OF THE ITAT IN EARLIER YEARS NAMELY IN ITA NO. 2518/MUM/2013 RELATING TO A.Y. 2009 - 10 AND ITA NO. 2227/MUM/2015 RELATING TO A.Y. 2010 - 11, IN ASSESSEES OWN CASE AND THE TRIBUNAL HAS HELD THAT THERE IS NO REQUIREMENT TO DE DUCT T DS FROM EXPENDITURE REIMBURSED BY THE ASSESSEE. LEARNED AR SUBMITTED THAT LEARNED 2 CIT(A) HAS FOLLOWED THE DECISION RENDERED BY HIM IN A.Y. 2009 - 10, WHICH HAS SINCE BEEN UPHELD BY THE TRIBUNAL. 4. WE HAVE HEARD LEARNED DEPARTMENTAL REPRESENTATIVE AN D PERUSED THE RECORD. SINCE THE VIEW TAKEN BY LEARNED CIT(A) ON THIS ISSUE IS IN ACCORDANCE WITH THE DECISION RENDERED BY THE COORDINATE BENCHES OF THE TRIBUNAL IN ASSESSEES OWN CASE IN A.Y. 2009 - 10 AND 2010 - 11, WE DO NOT FIND ANY INFIRMITY IN THE DECISIO N RENDERED BY LEARNED CIT(A). 5. IN THE RESULT, APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER HAS BEEN PRONOUNCED IN THE COURT ON 5 .7.2016 SD/ - SD/ - (PAWAN SINGH ) (B.R.BASKARAN ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 5 / 7 / 20 1 6 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, // TRUE COPY// ( DY./ASSTT. REGISTRAR) ITAT, MUMBAI PS