FULFORD (INDIA) LTD., MUMBAI V. ADDL.C.I.T.RG.2(1), MUMBAI

ITA 7596/MUM/2011

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 62637 (ITAT-MUMBAI)
• Duration Of Justice: 8 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-07-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Next Hearing Date: 09-07-2012
• Assessment Year: 2007-2008
• Appeal Filed On: 11-11-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: ARVIND SONDE
• Section: 143(3)

Judgement Text

, , , , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES F, MUMBAI .. , ! ' #$ %& , ' ', ( BEFORE SHRI R.S.SYAL, AM AND SHRI AMIT SHUKLA, JM ./ ITA NO.7596/MUM/2011 ( '* + '* + '* + '* + / / / / ASSESSMENT YEAR :2007-2008) M/S.FULFORD (INDIA) LIMITED PLATINA BUILDING, 8 TH FLOOR C-59, G-BLOCK, BANDRA KURLA COMPLEX BANDRA (EAST), MUMBAI 400 098. PAN : AAACF1795L. THE ADDL.COMMISSIONER OF INCOME-TAX RANGE 2(1) MUMBAI. ( ,- / // / APPELLANT) * * * * / VS. ( ./,-/ RESPONDENT) ,- 0 00 0 1 1 1 1 / APPELLANT BY : SHRI ARVIND SONDE ./,- 0 1 0 1 0 1 0 1 / RESPONDENT BY : SHRI AJIT KUMAR JAIN (CIT-DR) * 0 $! / / / / DATE OF HEARING : 09.07.2012 23+ 0 $! / DATE OF PRONOUNCEMENT : 11.07.2012 ' % ' % ' % ' % / / / / O R D E R PER R.S.SYAL, AM : THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE ASSESSING OFFICER U/S 143(3) READ WITH SECTION 144C (13) IN RELATION TO THE ASSESSMENT YEAR 2007-2008. 2. BRIEFLY STATED THE FACTS OF THE CASE ARE THAT, P URSUANT TO THE DIRECTION GIVEN BY THE DISPUTE RESOLUTION PANEL VIDE ITS ORDE R DATED 29.08.2011, THE ASSESSING OFFICER PASSED THE ORDER U/S 143(3), INTE R ALIA, MAKING ADDITION OF ` 6,44,29,287 TOWARDS ADJUSTMENT ON ACCOUNT OF ALP IN RELATION TO IMPORT OF ACTIVE PHARMACEUTICAL INGREDIENTS AND ` 6,40,24,887 TOWARDS ALP IN RELATION TO IMPORT OF FORMULATIONS. 3. AT THE VERY OUTSET THE LEARNED COUNSEL F OR THE ASSESSEE CONTENDED THAT THE ASSESSING OFFICER MADE SIMILAR ADDITIONS FOR AS SESSMENT YEAR 2006-2007 ITA NO.7596/MUM/2011 M/SFULFORD (INDIA) LIMITED. 2 ALSO. IT WAS SUBMITTED WHEN SUCH EARLIER YEAR CAME UP BEFORE THE TRIBUNAL FOR ADJUDICATION, THE ORDER SO PASSED BY THE A.O. HAS B EEN SET ASIDE AND THE ISSUE RESTORED TO THE FILE OF A.O. FOR DECIDING IT AFRESH . COPY OF THE SAID ORDER DATED 4 TH JULY, 2011 IN ITA NO.8312/MUM/2010 WAS PLACED ON R ECORD. IT WAS, PRAYED THAT SINCE THE FACTS AND CIRCUMSTANCES FOR THE CURR ENT YEAR ARE MUTATIS MUTANDIS SIMILAR TO THE PRECEDING YEAR, THE IMPUGNED ORDER B E ALSO SET ASIDE AND THE MATTER RESTORED TO THE FILE OF A.O. THE LEARNED DEP ARTMENTAL REPRESENTATIVE FAIRLY CONCEDED THAT THE FACTUAL POSITION AS PREVAI LING IN THE PRECEDING YEAR CONTINUES TO REMAIN SAME IN THE CURRENT YEAR AS WEL L. ON A SPECIFIC QUERY IT WAS SUBMITTED THAT THE ASSESSING OFFICER HAS NOT SO FAR PASSED THE ORDER FOR ASSESSMENT YEAR 2006-2007. 4. WE FIND THAT THE BASIS FOR THE ADDITIONS MADE IN THE CURRENT YEAR IS THE ASSESSMENT ORDER PASSED FOR THE IMMEDIATELY PRECEDI NG ASSESSMENT YEAR WHICH HAS BEEN RESTORED BY THE TRIBUNAL TO THE FILE OF A. O. FOR A FRESH DECISION. IN VIEW OF THE RIVAL BUT COMMON SUBMISSIONS, WE SET ASIDE T HE IMPUGNED ORDER AND SEND THE MATTER BACK TO THE FILE OF A.O. FOR TAKING A FR ESH DECISION AS PER LAW IN CONFORMITY WITH THE DIRECTIONS GIVEN BY THE TRIBUNA L IN THE IMMEDIATELY PRECEDING YEAR. 5. 4 $5 '* 4$ 0 6 70 89 : # $ ; 0 <$ => IN THE RESULT, THE ASSESSEES APPEAL IS ALLOWED FOR ST ATISTICAL PURPOSES. ORDER PRONOUNCED ON THIS 11 TH JULY, 2012. . ' % 0 23+ ?'*5 3 0 @ SD/- SD/- (AMIT SHUKLA) (R.S.SYAL) ' ' ' ' ' ' ' ' / JUDICIAL MEMBER ! ' ! ' ! ' ! ' / ACCOUNTANT MEMBER MUMBAI ; ?'* DATED 11 TH JULY, 2012. DEVDAS* ITA NO.7596/MUM/2011 M/SFULFORD (INDIA) LIMITED. 3 ' % 0 .'$#A B A+$ ' % 0 .'$#A B A+$ ' % 0 .'$#A B A+$ ' % 0 .'$#A B A+$/ COPY OF THE ORDER FORWARDED TO : 1. ,- / THE APPELLANT 2. ./,- / THE RESPONDENT. 3. C () / THE DISPUTE RESOLUTION PANEL I, MUMBAI. 4. C / CIT 5. AF@ .'$'* , , / DR, ITAT, MUMBAI 6. @G / GUARD FILE. ' %* ' %* ' %* ' %* / BY ORDER, /A$ .'$ //TRUE COPY// 8 8 8 8/ // /= < = < = < = < ( DY./ASSTT. REGISTRAR) , , , , / ITAT, MUMBAI