Dun & Bradstreet Technologies & Data Services Private Limited, CHENNAI V. DCIT, CHENNAI

MA 128/CHNY/2017

• Counselvise Citation: [2018] 123 COUNSELVISE.COM (IT) 5749 (ITAT-CHENNAI)
• Duration Of Justice: 11 month(s) 5 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 22-02-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2007-2008
• Appeal Filed On: 17-03-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S NATARAJA

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, CHENNAI ... , . !' , # $ BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER %% / M.P. NOS.128 & 129/CHNY/2017 (IN I.T.A. NOS.1257 & 1258/MDS/2016) & '& / ASSESSMENT YEAR : 2007-08 & 2010-11 M/S DUN & BRADSTREET TECHNOLOGIES & DATA SERVICES (P) LTD., [FORMERLY KNOWN AS D&B TRANSUNION ANALYTIC AND DECISION SERVICES PVT. LTD.], LEVEL 9, PRINCE INFOCITY PHASE I, 286/11, KANDANCHAVADI, RAJIV GANDHI SALAI, CHENNAI - 600 096. PAN : AACCD 5293 M V. THE DEPUTY COMMISSIONER OF INCOME TAX, CORPORATE CIRCLE 1(1), CHENNAI. ()*& /PETITIONER) ()+*,/ RESPONDENT) )*& . / /PETITIONER BY : SH. SP. CHIDAMBARAM, ADVOCAT E )+*, . / / RESPONDENT BY : SHRI S. NATARAJA, JCIT 0 . 1# / DATE OF HEARING : 16.02.2018 2!' . 1# / DATE OF PRONOUNCEMENT : 22.02.2018 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER: THE ASSESSEE HAS FILED THE PRESENT MISCELLANEOUS PETITION ON THE GROUND THAT THE CBDT CIRCULAR NO.1 OF 2013 D ATED 2 M.P. NOS.128 & 129/CHNY/17 17.01.2013 WAS ALREADY CONSIDERED BY THE AUTHORITIE S BELOW WHILE GRANTING RELIEF TO THE ASSESSEE. 2. SH. SP. CHIDAMBARAM, THE LD.COUNSEL FOR THE ASSE SSEE, SUBMITTED THAT THIS TRIBUNAL IN THE EARLIER OCCASIO N REMITTED BACK THE MATTER TO THE FILE OF THE ASSESSING OFFICER ONLY TO CONSIDER THE CBDT CIRCULAR. THEREFORE, ACCORDING TO THE LD. COUNSEL, THERE IS NO NEED FOR REFERRING THE MATTER ONCE AGAIN TO THE FILE OF THE ASSESSING OFFICER FOR RECONSIDERATION IN THE LIGHT OF THE CBD T CIRCULAR NO.1 OF 2013. 3. ON THE CONTRARY, SHRI S. NATARAJA, THE LD. DEPAR TMENTAL REPRESENTATIVE, SUBMITTED THAT AS PER THE BOARDS C IRCULAR NO.1 OF 2013 DATED 17.01.2013, THE ASSESSING OFFICER HAS TO EXAMINE WHETHER THE SLUMP SALE WAS NOT RESULTED INTO SPLITT ING UP OR RECONSTRUCTION OF THE EXISTING BUSINESS. IN OTHER WORDS, THE ASSESSING OFFICER HAS TO POINT OUT WHETHER THE ASSE SSEES UNDERTAKING WAS CARVED OUT OF EXISTING BUSINESS. A CCORDING TO THE LD. D.R., THESE FACTS WERE NOT EXAMINED BY BOTH THE AUTHORITIES BELOW, THEREFORE, THE ITAT HAS RIGHTLY REMITTED BAC K THE MATTER TO THE FILE OF THE ASSESSING OFFICER. 3 M.P. NOS.128 & 129/CHNY/17 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS ON EITH ER SIDE AND PERUSED THE RELEVANT MATERIAL AVAILABLE ON RECORD. AS PER THE CBDT CIRCULAR, THE AUTHORITIES BELOW HAS TO CONSIDER WHE THER THE SALE OF THE ASSET RESULTED IN SPLITTING OR RECONSTRUCTION O F EXISTING BUSINESS OR NOT. THESE FACTS WERE NOT EXAMINED BY EITHER OF THE AUTHORITIES BELOW. EVEN THOUGH EARLIER THE MATTER WAS REMITTED BACK TO THE FILE OF THE ASSESSING OFFICER TO CONSIDER THE MATTER IN THE LIGHT OF THE CBDT CIRCULAR NO.1 OF 2013, NO FINDING APPEARS TO H AVE RECORDED BY BOTH THE AUTHORITIES BELOW. THEREFORE, THIS TRIBUN AL HAS REMITTED BACK THE MATTER ONCE AGAIN TO THE FILE OF THE ASSES SING OFFICER FOR RECONSIDERATION. IN THOSE CIRCUMSTANCES, THERE IS NO ERROR MUCH LESS PRIMA FACIE ERROR IN THE ORDER OF THIS TRIBUNAL, THEREFORE, TH E MISCELLANEOUS PETITIONS FILED BY THE ASSESSEE HAVE NO MERIT. 5. IN THE RESULT, BOTH THE MISCELLANEOUS PETITIONS FILED BY THE ASSESSEE STAND DISMISSED. ORDER PRONOUNCED COURT ON 22 ND FEBRUARY, 2018 AT CHENNAI. SD/- SD/- (. !' ) ( ... ) (A. MOHAN ALANKAMONY) (N.R.S. GANESAN) # / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 4 /DATED, THE 22 ND FEBRUARY, 2018. 4 M.P. NOS.128 & 129/CHNY/17 KRI. . )15% 6%'1 /COPY TO: 1. )*& / PETITIONER 2. )+*, /RESPONDENT 3. 0 71 () /CIT(A) 4. 0 71 /CIT 5. %8 )1 /DR 6. 9& : /GF.