MAERSK GLOBAL SERVICE CEMTRES (INDIA) P. LTD, MUMBAI V. ACIT CIR 6(3), MUMBAI

ITA 8801/MUM/2010

• Counselvise Citation: 880119914 RSA 2010
• Duration Of Justice: 10 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-11-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: L
• Next Hearing Date: 02-11-2011
• Assessment Year: 2006-2007
• Appeal Filed On: 16-12-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JI TENDRA YADAV; MALATHI SRIDHARAN
• Assessee Lawyers: SUNIL LALA MS SHAILVI SINGHAL; BIPIN DODHIA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES L, MUMBAI BEFORE SHRI R.S.SYAL, AM AND SHRI N.V.VASUDEVAN, JM ITA NO.8801/MUM/2010 : ASST.YEAR 2006-2007 M/S.MAERSK GLOBAL SERVICE CENTER (INDIA) P. LTD., (FORMERLY KNOWN AS M.S.MAERSK INFOTECH SERVICES INDIA P.LTD.) MUMBAI 400 076. PAN : AADCM7786M THE ASSTT.COMMISSIONER OF INCOME-TAX CIRCLE 6(3) MUMBAI. (APPELLANT) VS. (RESPONDENT) APPELLANT BY : SHRI SUNIL LALA, MS.SHAILVI SINGHAL & SHRI BIPIN DODHIA RESPONDENT BY : SMT.MALATHI SRIDHARAN & SHRI JITEND RA YADAV DATE OF HEARING : 04.11.2011 DATE OF PRONOUNCEMENT : 09.11.2011 O R D E R PER R.S.SYAL, AM : THIS APPEAL BY THE ASSESSEE ARISES OUT OF THE ORDER PASSED BY THE DISPUTE RESOLUTION PANEL II ON 25.06.2010 IN RELATION TO THE ASSESSMENT YEAR 2006-2007. 2. VARIOUS GROUNDS HAVE BEEN RAISED IN THIS APPEAL. THE LEARNED COUNSEL FOR THE ASSESSEE CONTENDED THAT THE FACTS AND CIRCUMSTANCES LEADING TO ADJUSTMENT OF ALP ARE SIMILAR TO THOSE OF ASSESSMENT YEAR 2005-2006. THE SAID APPEAL FOR ASSESSMENT YEAR 2005-2006 WAS ARGUED SIMULTANEOUSLY AT LENGTH BY BO TH THE SIDES. IT WAS, THEREFORE, PRAYED THAT THE FINAL DECISION TAKEN IN THAT APPEAL ON THE QUESTION OF TP ADJUSTMENTS BE APPLIED TO THIS YEAR AS WELL. THE LEARNED DEPART MENTAL REPRESENTATIVE ALSO FAIRLY AGREED TO THIS PROPOSAL. 3. WE HAVE PASSED ORDER FOR ASSESSMENT YEAR 2005-20 06 THEREBY ACCEPTING THE ALP DECLARED BY THE ASSESSEE AS CORRECT WITHOUT REQ UIRING ANY FURTHER ADJUSTMENTS. IN VIEW OF THE RIVAL BUT COMMON SUBMISSIONS WE APPLY T HE SAME DECISION TO THE INSTANT YEAR BY HOLDING THAT NO FURTHER ADJUSTMENT TO THE A LP DECLARED BY THE ASSESSEE IS REQUIRED. ITA NO.8801/M/2010 M/S.MEARSK GLOBAL SERVICE CENTERS (INDIA) P.LTD. 2 4. IN THE RESULT, THE APPEAL IS ALLOWED. ORDER PRONOUNCED ON THIS 09 TH DAY OF NOVEMBER, 2011. SD/- SD/- (N.V.VASUDEVAN) (R.S.SYAL) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI : 09 TH NOVEMBER, 2011. DEVDAS* COPY TO : 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT CONCERNED 4. THE CIT(A) - XV, MUMBAI. 5. THE DR/ITAT, MUMBAI. 6. GUARD FILE. TRUE COPY. BY ORDER ASSISTANT REGISTRAR, ITAT, MUMBAI.