DCIT 14(1)(2), MUMBAI V. CENTAUR PHARMACEUTUCALS P. LTD, MUMBAI

ITA 7322/MUM/2016

• Counselvise Citation: [2018] 118 COUNSELVISE.COM (IT) 9026 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 11 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-12-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 13-12-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: LOVE KUMAR
• Assessee Lawyers: VISHWAS V MEHENDALE
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH C, MUMBAI BEFORE SHRI G.S. PANNU, VICE PRESIDENT AND SHRI PAWAN SINGH, JUDICIAL MEMBER ITA NO. 7322/MUM/2016 : A.Y : 2012 - 13 DCIT - 14(1)(2), MUMBAI (APPELLANT) VS. M/S. CENTAUR PHARMACEUTICALS P RI V A T E L IMITED , CENTAUR HOUSE, SHANTI NAGAR, VAKOLA, SANTA CRUZ (E), MUMBAI 400 055. (RESPONDENT) PAN : AAACC0444K ITA NO. 7500 /MUM/201 6 : A.Y : 20 12 - 13 M/S. CENTAUR PHARMACEUTICALS PRIVATE LIMITED, CENTAUR HOUSE, SHANTI NAGAR, VAKOLA, SANTA CRUZ (E), MUMBAI 400 055. PAN : AAACC0444K (APPELLANT) VS. ACIT - 14(1)(2), MUMBAI (RESPONDENT) ASSESSEE BY : SHRI VISHWAS V. MEHENDALE REVENUE BY : SHRI LOVE KUMAR DATE OF HEARING : 18 /0 9 /2018 DATE OF PRONOUNCEMENT : 12 /12/2018 O R D E R PER G.S. PANNU , VICE PRESIDENT : THESE ARE CROSS - APPEALS FILED BY THE ASSESSEE AND THE REVENUE, AGAINST THE ORDER OF CIT(A) - 22 , MUMBAI DATED 28.09.2016 , PERTAINING TO THE 2 ITA NOS. 7500 & 7322/MUM/2016 CENTAUR PHARMACEUTICALS PVT. LTD. ASSESSMENT YEAR 2012 - 13 , WHICH IN TURN HAS ARISEN FROM THE ORDER PASSED BY THE ASSESSING OFFICER DATED 26.03.2015 UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT). S INCE THE CROSS - APPEALS INVOLVE CERTAIN COMMON ISSUES, THEREFORE, THEY HAVE BEEN CLUBBED AND HEARD TOGETHER AND A CONSOLIDATED ORDER IS BEING PASSED FOR THE SAKE OF CONVENIENCE AND BREVITY. 2. INSOFAR AS THE APPEAL OF THE REVENUE IS CONCERNED, IT WAS BROUGHT TO OUR NOTICE BY THE LEARNED REPRESENTATIVE FOR THE ASSESSEE THAT THE TAX EFFECT IN DISPU TE IN THE CAPTIONED APPEAL IS BELOW THE MONETARY LIMIT OF RS.20.00 LACS SPECIFIED IN THE CBDT CIRCULAR NO. 3/2018 DATED 11.07.2018, THEREFORE, THE APPEAL IS NOT MAINTAINABLE. THE LD. DR APPEARING FOR THE REVENUE DID NOT RAISE ANY OBJECTION TO THE SAME. T HEREFORE, THE APPEAL OF REVENUE IS DISMISSED AS NOT PRESSED. 3. INSOFAR AS THE APPEAL OF THE ASSESSEE IS CONCERNED, THE SOLITARY ISSUE IS WITH REGARD TO DISALLOWANCE OF ` 19,92,075/ - REPRESENTING PAYMENT MADE TO DR. MAY PHARMA CONSULT GMBH. 4. AT THE TIME OF HEARING, THE LEARNED REPRESENTATIVE FOR THE ASSESSEE POINTED OUT THAT THIS ASPECT OF THE ISSUE HAD COME UP BEFORE THE TRIBUNAL IN ASSESSMENT YEARS 2008 - 09 AND 2009 - 10 AND VIDE ORDER DATED 27.04.2015 IN ITA NOS. 6845/MUM/2011 & ANR. , THE TRIBUNAL HAD RESTORED THE MATTER BACK TO THE FILE OF THE ASSESSING OFFICER FOR RE - EXAMINATION AS A CONSEQUENCE OF WHICH, THE SAID DISALLOWANCE HAS SINCE BEEN DELETED BY THE ASSESSING OFFICER . IT WAS POINTED OUT THAT WHEN THE MATTER CAME UP BEFORE THE TRIBUNAL FOR ASSE SSMENT YEAR 2010 - 11, VIDE ORDER DATED 03.08.2016 IN ITA NO. 6354/MUM/2014 & ANR., FOLLOWING THE DECISION FOR ASSESSMENT YEARS 2008 - 3 ITA NOS. 7500 & 7322/MUM/2016 CENTAUR PHARMACEUTICALS PVT. LTD. 09 AND 2009 - 10 (SUPRA), THE MATTER HAS BEEN RESTORED BACK TO THE FILE OF THE ASSESSING OFFICER FOR APPRAISAL AFRESH. 5. ON T HE AFORESAID ASPECT, THE LD. DR HAS NOT CONTESTED THE FACTUAL MATRIX TO THE EFFECT THAT IN THE PAST YEARS, THE TRIBUNAL HAS SET - ASIDE SIMILAR ISSUE BACK TO THE FILE OF THE ASSESSING OFFICER. 6. HAVING CONSIDERED THE RIVAL STANDS, WE FIND THAT THE MATTER D ESERVES TO GO BACK TO THE FILE OF ASSESSING OFFICER TO BE DECIDED IN THE LIGHT OF HIS DECISION FOR ASSESSMENT YEARS 2008 - 09 AND 2009 - 10 WHERE, AS PER THE LEARNED REPRESENTATIVE, THE DISALLOWANCE HAS BEEN DELETED FOLLOWING THE RESTORATION OF APPEALS BY THE TRIBUNAL VIDE ORDER DATED 27.04.2015 (SUPRA). THUS, ON THIS ASPECT, ASSESSEE SUCCEEDS FOR STATISTICAL PURPOSE. 7. IN THE RESULT, WHEREAS THE APPEAL OF THE ASSESSEE IS ALLOWED AS ABOVE, THAT OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COU RT ON 1 2 T H DECEMBER, 2018. SD/ - SD/ - ( PAWAN SINGH ) JUDICIAL MEMBER ( G.S. PANNU ) VICE PRESIDENT MUMBAI, DATE : 1 2 T H DECEMBER , 2018 *SSL* 4 ITA NOS. 7500 & 7322/MUM/2016 CENTAUR PHARMACEUTICALS PVT. LTD. COPY TO : 1) THE APPELLANT 2) THE RESPONDENT 3) THE CIT(A) CONCERNED 4) THE CIT CONCERNED 5) THE D.R, C BENCH, MUMBAI 6) GUARD FILE BY ORDER DY./ASSTT. REGISTRAR I.T.A.T, MUMBAI