DDIT (IT) 1(2), MUMBAI V. DAIMLER CHRYSLER AG, MUMBAI

ITA 7589/MUM/2010

• Counselvise Citation: [2012] 119 COUNSELVISE.COM (IT) 9139 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 1 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-12-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: L
• Next Hearing Date: 06-12-2012
• Assessment Year: 2003-2004
• Appeal Filed On: 03-11-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SARAL BARLOTA
• Section: 143(3)

Judgement Text

ITA NO.7589 OF 2010 DAIMLER CHRYSLER AG MUMBAI PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL 'L' BENCH, MUMBAI BEFORE SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER AND SHRI VIJAY PAL RAO, JUDICIAL MEMBER ITA NO.7589/MUM/2010 (ASSESSMENT YEAR: 2003-04) DY. DIRECTOR OF INCOME TAX (INTERNATIONAL TAXATION), 119 SCINDIA HOUSE, BALLARD PIER, MUMBAI 400038 VS. DAIMLER CHRYSLER AG, C/O S.R. BATLIBOI & CO. CAS, 18 TH FLOOR, EXPRESS TOWERS, NARIMAN POINT, MUMBAI 400021 PAN: AABCD 2354C (APPELLANT) (RESPONDENT) DEPARTMENT BY: MS. NEERAJA PRADHAN, DR ASSESSEE BY: SHRI SARAL BARLOTA DATE OF HEARING: 06/12/2012 DATE OF PRONOUNCEMENT: 14/12/2012 O R D E R PER B. RAMAKOTAIAH, A.M. THIS IS A REVENUE APPEAL AGAINST THE ORDER OF THE CIT (A)-10 MUMBAI, DATED 11-08-2010. ASSESSEE WAS INCORPORATED IN GERMANY AND IS IN THE BUSINESS OF MANUFACTURING AND SELLING AUTOMOBILE AND ITS PARTS. IT HAS FILED RETURN OF INCOME DECLARING INCOME AT ` 50,319,070, WHICH WAS ASSESSED AT ` 57,640,231 VIDE THE ORDER UNDER SECTION 143(3) DATED 03-03-2006. AO LEVIED PE NALTY ON THE ADDITIONS MADE IN THE ASSESSMENT ORDER. THE ITAT HA S DELETED THE QUANTUM AND THEREFORE, QUESTION OF LEVEY OF PENALTY UNDER SECTION 271(1)(C) FOR CONCEALMENT OF INCOME OR FURNISHING O F INACCURATE PARTICULARS OF INCOME DOES NOT ARISE. THE CIT (A) C ANCELLED THE PENALTY ON THE ABOVE REASONS AS THE DISALLOWANCE IT SELF IS DELETED. 2. BOTH THE COUNSELS AGREED THAT THE REVENUE APPEAL CA NNOT SURVIVE AS THE QUANTUM ITSELF ON WHICH THE PENALTY WAS LEVIED WAS ITA NO.7589 OF 2010 DAIMLER CHRYSLER AG MUMBAI PAGE 2 OF 2 DELETED BY THE ITAT. ACCORDINGLY WE UPHOLD THE ORDE R OF THE CIT (A) AND DISMISS THE REVENUE APPEAL. 3. IN THE RESULT THE APPEAL FILED BY THE REVENUE IS DI SMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 14 TH DECEMBER, 2012. SD/- SD/- (VIJAY PAL RAO) (B. RAMAKOTAIAH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED 14 TH DECEMBER, 2012. VNODAN/SPS COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CONCERNED CIT(A) 4. THE CONCERNED CIT 5. THE DR, L BENCH, ITAT, MUMBAI BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCHES, MUMBAI