ORACLE FINANCIAL SERVICES SOFTWARE LTD, MUMBAI V. ITO (TDS) 2(1), MUMBAI

MA 17/MUM/2017

• Counselvise Citation: [2017] 123 COUNSELVISE.COM (IT) 5624 (ITAT-MUMBAI)
• Duration Of Justice: 11 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 27-12-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2007-2008
• Appeal Filed On: 10-01-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V JENARDHANAN LD
• Assessee Lawyers: AJITH CHAKRAVARTY LD
• Keywords: Additional evidence

Judgement Text

M.A.NO.17/MUM/2017 ARISING OUT OF ITA NO.. 2929/MUM/2014 ORACLE FINANCIAL SERVICES ASSESSMENT YEAR 2007-08 IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, MUMBAI , BEFORE SHRI R.C.SHARMA, AM AND SHRI PAWAN SINGH, JM MISCELLANEOUS APPLICATION NO. 17/MUM/2017 (ARISING OUT OF ITA NO.2929/MUM/2014) ( ASSESSMENT YEAR: 2007-08) ORACLE FINANCIAL SERVICES ORACLE PARK, OFF WESTERN EXPRESS HIGHWAY GOREGAON(E) MUMBAI- 400 057 VS. THE INCOME TAX OFFICER,TDS - 2(1) MUMBAI PAN/GIR NO. AAACC-1448-B ( APPELLANT ) : ( !' RESPONDENT ) ASSESSEE BY : SHRI AJITH CHAKRAVARTY , LD. AR REVENUE BY : SHRI V.JENARDHANAN, LD. DR #$ % DATE OF HEARING : 27/12/2017 &'() % / DATE OF PRONOUNCEMENT : 27 /12/2017 M.A.NO.17/MUM/2017 ARISING OUT OF ITA NO.. 2929/MUM/2014 ORACLE FINANCIAL SERVICES ASSESSMENT YEAR 2007-08 2 O R D E R PER PAWAN SINGH (JUDICIAL MEMBER) 1. THIS MISCELLANEOUS PETITION IS FILED BY ASSESSE FOR SEEKING IN RECTIFICATION IN THE ORDER PASSED ON 12/08/2016. IN THE APPLICATION THE ASSESSE, INTER-ALIA PLEADED THAT WHILE MAKING SUBMI SSIONS ON 08/08/2016, THE LD. AR OF THE ASSESSE RELIED UPON THE DECISION OF PFIZER LTD VS. ITO (55 SOT 277) (MUM). THE ASSESSEE MADE THE RELIANCE ON THE BASIS OF THE DECISION THAT WHEN THE AMOUNT WAS DISALLOWED U/S.4 0A OF THE ACT, THEN THE SAME COULD NOT BE CONSIDERED ONCE AGAIN FOR THE PURPOSE OF PROVISION OF SECTION 201 OF THE ACT. THE LD. AR OF THE ASSESS E ARGUED THAT WHILE RESTORING THE MATTER TO THE FILE OF ASSESSING OFFIC ER[AO], THE REFERENCE OF THE DECISION WAS ESCAPED FROM THE ATTENTION OF THE BENCH. THE LD. AR OF THE ASSESSE INVITED OUR ATTENTION ON LEGAL PAPER BO OK, WHEREIN THE ASSESSE HAS FILED COPY OF DECISION IN PFIZER LTD(SU PRA). ON THE OTHER HAND, LD. DR FOR THE REVENUE ARGUED THAT THE MATTER HAS I SSUED ALREADY RESTORED TO THE FILE OF AO FOR PASSING THE ORDER OF US AND N ON-MENTIONING/REFERRING THE DECISION RELIED BY LD. AR IS NOT MISTAKEN APPAR ENT ON RECORD. 2. WE HAVE CONSIDERED THE SUBMISSIONS OF BOTH PARTIES AND PERUSED THE ORDER PASSED ON 12/08/2016. PERUSAL OF THE ORDE R REVEALS THAT THE GROUNDS OF THE APPEAL RAISED BY ASSESSE WERE RESTOR ED TO THE FILE OF AO ON THE BASIS OF ADDITIONAL EVIDENCE FURNISHED BEFOR E THE TRIBUNAL. WE FIND THAT THERE IS NO REFERENCE OF DECISION OF COORDINAT E BENCH IN PFIZER LTD(SUPRA). CONSIDERING THE FACTS AND CIRCUMSTANCES OF THE FACTS WE M.A.NO.17/MUM/2017 ARISING OUT OF ITA NO.. 2929/MUM/2014 ORACLE FINANCIAL SERVICES ASSESSMENT YEAR 2007-08 3 DIRECTLY AO WHO CONSIDER THE DECISION OF PFIZER LTD . AND PASSED THE ORDER IN ACCORDANCE WITH THE LAW. 3. IN THE RESULT THE MISCELLANEOUS APPLICATION FILED BY ASSESSE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 27 TH DECEMBER, 2017. SD/- SD/- (R.C.SHARMA) (PAWAN SINGH) / ACCOUNTANT MEMBER / JUDICIAL MEMBER #*$ MUMBAI; DATED : 27 .12.2017 SR.PS:- THIRUMALESH COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. !' / THE RESPONDENT 3. #+ / THE CIT(A) 4. #+ / CIT CONCERNED 5. ,- !%. .) #*$ / DR, ITAT, MUMBAI 6. -/ 0$ GUARD FILE ! / BY ORDER, ' !# $ (DY./ASSTT. REGISTRAR) #*$ / ITAT, MUMBAI