TOWERS WATSON RISK CONSULTING P.LTD, MUMBAI V. DCIT RG 8(3), MUMBAI

ITA 7619/MUM/2014

• Counselvise Citation: [2017] 126 COUNSELVISE.COM (IT) 8850 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 10 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-11-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Assessment Year: 2010-2011
• Appeal Filed On: 22-12-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

ITA NO. 76 19/M/2014 TOWERS WATSON RISK CONSULTING PVT LTD 1 IN THE INCOME TAX APPELLATE TRIBUNAL, BENCH E, MU MBAI BEFORE SH. B.R. BASKARAN, ACCOUNTANT MEMBER AND SH. PAWAN SINGH, JUDICIAL MEMBER ITA NO.7619/MUM/2014 FOR A Y: 2010-11) TOWERS WATSON RISK CONSULTING PVT LTD, (TOWER WATSON INDIA PVT LTD.), SOLITRE CORPORATE PARK, BLDG, NO.5, 1 ST FLOOR, ANDHERI KURLA ROAD, ANDHERI (E) MUMBAI-400093 PAN : AAACG2955K VS. THE DEPUTY COMMISSIONER OF INCOME TAX, RANGE 8(3) , AAYAKAR BHAVAN , M.K. ROAD, MUMBAI-400020 (APPELLANT) (RESPONDENT) ASSESSEE BY NONE REVENUE BY SH. V. JUSTINE SR DR DATE OF HEARING 01.11.2016 DATE OF PRONOUNCEMENT 01 .11.2016 ORDER UNDER SECTION 254(1) OF INCOME TAX ACT PER PAWAN SINGH JUDICIAL MEMBER : 1. THIS APPEAL UNDER SECTION 253 OF THE INCOME TAX ACT (ACT) IS DIRECTED BY ASSESSEE AGAINST THE ORDER OF COMMISSIONER OF IN COME TAX (APPEALS)- 18, MUMBAI DATED 20/1/2014 FOR ASSESSMENT YEAR 2010 -11. THE ASSESSEE HAS RAISED HAS SOLITARY GROUNDS OF APPEAL THAT COMM ISSIONER (APPEALS) ERRED AND FAILED TO CONSIDER THE SUBMISSION AND THA T THE MISMATCH ON ACCOUNT OF AIR ENTRIES OF RS.602628/- HAS BEEN WRON GLY ADDED TO THE INCOME OF THE ASSESSEE. 2. THE BRIEFS FACTS OF THE CASE ARE THAT ASSESSEE COMP ANY ENGAGED IN THE BUSINESS OF INSURANCE CONSULTANT AND ACTUARIAL SER VICES, FILED ITS RETURN ITA NO. 76 19/M/2014 TOWERS WATSON RISK CONSULTING PVT LTD 2 OF INCOME FOR RELEVANT ASSESSMENT YEAR ON 30 SEPTEM BER 2010 DECLARING TOTAL INCOME OF RS.5,06,58,750/-. THE ASSESSMENT WA S COMPLETED ON 21 FEBRUARY 014 UNDER SECTION 143(3). THE AO WHILE FRA MING RE-ASSESSMENT ORDER MADE THE ADDITION ON ACCOUNT OF MISMATCH OF P ROFESSIONAL RECEIPT APPEARING IN FORM 26 AS. ON APPEAL BEFORE COMMISSIO NER (APPEALS) THE ACTION OF ASSESSING OFFICER WAS CONFIRMED. THUS, F URTHER APPEAL WAS PREFERRED BEFORE TRIBUNAL. 3. WHEN APPEAL CAME UP HEARING ON 01.11.2017, THE REPR ESENTATIVE OF THE ASSESSEE FILED AN APPLICATION FOR SEEKING ADJOURNME NT ON THE GROUND THAT THEY ARE COMPILING THE DOCUMENTS FOR PREPARATION OF THE CASE. PERUSAL OF THE RECORD SHOWS THAT THE PRESENT APPEAL WAS FILED IN 2014AND THE ASSESSEE HAS NOT FILED THE DOCUMENTS FOR ALMOST FOR THREE YE ARS. THE ASSESSEES GROUNDS OF APPEAL CONSIST OF THE PLEA THAT LD CIT(A ) FAILED TO CONSIDER THE SUBMISSIONS OF THE ASSESSEE. THE PERSON WHO CAME WI TH ADJOURNMENT APPLICATION WAS NOT COMPETENT TO APPEAR BEFORE TRIB UNAL. CONSIDERING THE SMALLNESS OF THE ISSUE THE APPLICATION FOR ADJOURNM ENT WAS REJECTED. THE APPEAL WAS CONSIDERED ON MERIT. 4. THE LD DR SUBMITS THAT THE CONTENTION OF THE ASSES SEE IN THE APPEAL IS THAT THEY WERE NOT GIVEN OPPORTUNITY AND LIBERTY TO PROVE THEIR CONTENTION BEFORE THE ASSESSING OFFICER AS WELL AS BEFORE CIT( A) AND THAT HE HAS NO OBJECTION IF THE MATTER IS REMANDED TO THE FILE OF AO FOR DECIDING THE ISSUE AFRESH. ITA NO. 76 19/M/2014 TOWERS WATSON RISK CONSULTING PVT LTD 3 5. WE HAVE HEARD THE LEARNED DR THE REVENUE AND PERUS ED THE MATERIAL AVAILABLE ON RECORD. CONSIDERING THE SUBMISSIONS O F LD DR AND THE SMALLNESS OF THE GROUNDS OF APPEAL. THIS GROUND OF APPEAL IS RESTORED TO THE FILE OF ASSESSING OFFICER TO DECIDE THE ISSUES AFRESH IN ACCORDANCE WITH LAW BUT SUBJECT TO DEPOSIT A COST OF RS. 2000/- IN THE ACCOUNT OF THE REVENUE. NEEDLESS TO SAY THAT THE ASSESSING OFFICE R SHALL GRANT PROPER OPPORTUNITY AND TO SHARE ALL THE AIR INFORMATION IN HIS OFFICE WITH THE ASSESSEE, BEFORE DECIDING THE ISSUE. THE ASSESSEE I S ALSO DIRECTED TO FULLY COOPERATE AND PROVIDE ALL INFORMATION TO THE ASSESS EE OFFICER AND NOT TO SEEK ADJOURNMENT WITHOUT ANY VALID REASONS. 6. IN THE RESULT APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN OPEN COURT ON 1ST DAY OF NOVE MBER 2017. SD/- SD/- (B.R.BASKARAN) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI; DATED 01 /11/2017 COPY OF THE ORDER FORWARDED TO : BY ORDER, (ASSTT.REGISTRAR) ITAT, MUMBAI 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY/