DCIT 11(2)(1) (OLD DCIT & 13), V. SCHINDLER INDIA P.LTD,

MA 138/MUM/2015

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 3870 (ITAT-MUMBAI)
• Duration Of Justice: 7 month(s) 10 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 29-01-2016
• Appeal Filed By: Department
• Bench Allotted: E
• Assessment Year: 2003-2004
• Appeal Filed On: 18-06-2015
• Court: TRIBUNAL
• Department Lawyers: G N MAKWANADR
• Assessee Lawyers: SAMEER LUTHRA

Judgement Text

, ' INCOME TAX APPELLATE TRIBUNAL,MUMBAI E BENCH , , BEFORE S/SH. JOGINDER SINGH,JUDICIA L MEMBER & RAJENDRA,ACCOUNTANT MEMBER / MA NO.138/MUM/2015 (ARISING OUT OF / ITA NO.6655/MUM/2011) /ASSESSMENT YEAR-2003-04 DCIT-11(2)(1), (OLD DCIT-8(3) , MUMBAI) R. NO. 421, 4 TH FLOOR AAYAKAR BHAVAN, NEW MARINE LINES,M.K.ROAD, MUMBAI-400020 . VS. SCHINDLER INDIA PVT. LTD. , SOLITAIRE CORPORATE PARK, BUILDING NO.6, FIRST FLOOR, ANDHERI-KURLA ROAD, ANDHERI(EAST), MUMBAI-400093 PAN: AAECS1548J ( / APPLICANT) ( !' / RESPONDENT) /ASSESSEE BY :SHRI SAMEER LUTHRA # / REVENUE BY :SHRI G.N. MAKWANA-DR / DATE OF HEARING : 29.01.2016 / DATE OF PRONOUNCEMENT : 29.01.2016 / ORDER ! '# PER RAJENDRA, AM - VIDE ITS APPLICATION,DATED 18.06.2015,THE ASSESSING OFFICER HAS STATED THAT A CLARIFICATION WAS REQUIRED WITH REGARD TO THE OUTCOME OF THE APPEAL F ILED BY HIM FOR THE ABOVE MENTIONED ASSESSMENT YEAR,THAT WHILE ADJUDICATING THE APPEAL THE TRIBUNAL HAD DECIDED THE ISSUE IN FAVOUR OF THE ASSESSEE,THAT IN THE HELD PORTION IT WAS MEN TIONED THAT APPEAL FILED BY THE AO WAS TO BE ALLOWED. WE FIND THAT THE SUBMISSION MADE BY THE AO ARE FACT UALLY CORRECT.THE LAST TWO LINES OF THE ORDER SHOULD BE READ AS UNDER: AS A RESULT,APPEAL FILED BY THE AO STANDS DISM ISSED. . ORDER PRONOUNCED IN THE O PEN COURT ON 29 TH JANUARY,2016. 29.01.2016 SD/- SD/- ( /JOGINDER SINGH) ( / RAJENDRA) / JUDICIAL MEMBER ! / ACCOUNTANT MEMBER /MUMBAI, /DATE: 29.01.2016 . . . JV.SR.PS. 1. APPELLANT / 2. RESPONDENT / MA NO.138/MUM/2015,AY.03-04 2 3. THE CONCERNED CIT(A)/ , 4. THE CONCERNED CIT / 5. DR I BENCH, ITAT, MUMBAI / , E , . . . 6. GUARD FILE/ //TRUE COPY// / BY ORDER, / DY./ASST. REGISTRAR , /ITAT, MUMBAI.