ASST DIT RG 2(2), V. TORAY INTERNATIONAL (SINGAPORE) PTE LTD,

MA 322/MUM/2016

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 5477 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 3 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 03-02-2017
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: L
• Assessment Year: 2007-2008
• Appeal Filed On: 30-09-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: B S BIST
• Assessee Lawyers: KIRAN GALA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH L, MUMBAI BEFORE SANJAY GARG, JUDICIAL MEMBER AND SHRI ASHWANI TANEJA, ACCOUNTANT MEMBER MA NO.133/M/2016 (ARISING OUT OF ITA NO.9194/M/2010 DATE OF DECISION : 19.02.2016) ASSESSMENT YEAR: 2007-08 M/ S. TORAY INTERNATIONAL (SINGAPORE) PTE. LTD., TOWER 3, EAST WING, 6 TH FLOOR, EQUINOX BUSINESS PARK, LAL BAHADUR SHASTRI MARG, KURLA, MUMBAI 400 070 PAN: AACCT2870L VS. ASST. DIRECTOR OF INCOME TAX, RANGE-2(2), INTERNATIONAL TAXATION, MUMBAI (APPELLANT) (RESPONDENT) MA NO.322/M/2016 (ARISING OUT OF ITA NO.9194/M/2010 DATE OF DECISION : 19.02.2016) ASSESSMENT YEAR: 2007-08 ASST. DIRECTOR OF INCOME TAX, RANGE-2(2) (INTERNATIONAL TAX), MUMBAI (NOW DY. COMMISSIONER OF INCOME TAX (IT)-4(1)(2), MUMBAI) ROOM NO.1712, 17 TH FLOOR, AIR INDIA BUILDING, NARIMAN POINT, MUMBAI 400 021 VS. M/S. TORAY INTERNATIONAL (SINGAPORE) PTE. LTD., 75, 7 TH FLOOR, MITTAL TOWER, B-WING, NARIMAN POINT, MUMBAI 400 021 PAN: AACCT2870L (APPELLANT) (RESPONDENT) PRESENT FOR: ASSESSEE BY : SHRI KIRAN GALA, A.R. REVENUE BY : SHRI B.S. BIST, D.R. DATE OF HEARING : 03.02.2017 DATE OF PRONOUNCEMENT : 03.02.2017 O R D E R PER SANJAY GARG, JUDICIAL MEMBER: THE ABOVE CAPTIONED MISCELLANEOUS APPLICATIONS ONE BY THE REVENUE AND THE OTHER BY THE ASSESSEE HAVE BEEN FILED IN RELATI ON TO THE ORDER DATED 19.02.2016 OF THIS TRIBUNAL VIDE WHICH THE APPEAL O F THE ASSESSEE HAS BEEN MA NO.133/M/2016 & MA NO.322/M/2016 M/S. TORAY INTERNATIONAL (SINGAPORE) PTE. LTD. 2 REMANDED BACK TO THE FILE OF THE LD. CIT(A) TO DECI DE THE SAME ALONG WITH OTHER APPEALS OF THE ASSESSEE PENDING BEFORE THE LD . CIT(A) RELEVANT TO A.Y. 2006-07 AND 2008-09. 2. IT HAS BEEN PLEADED IN BOTH THE APPLICATIONS THA T IN FACT THE IMPUGNED ORDER, APPEAL AGAINST WHICH WAS FILED BEFORE THE TR IBUNAL WAS NOT PASSED BY THE LD. CIT(A), RATHER THE APPEAL HAD BEEN PREFERRE D AGAINST THE DIRECTIONS ISSUED BY THE DISPUTE RESOLUTION PANEL. UNDER THES E CIRCUMSTANCES, IN THIS CASE, THE MATTER SHOULD HAVE BEEN RESTORED TO THE F ILE OF THE AO INSTEAD OF TO THE FILE OF THE LD. CIT(A). CONSIDERING THE ABOVE SUBMISSIONS OF THE LD. REPRESENTATIVES OF THE PARTIES, THE MATTER FOR THE YEAR UNDER CONSIDERATION I.E. A.Y. 2007-08 IS RESTORED TO THE FILE OF THE AO WITH A DIRECTION TO DECIDE THE SAME AFRESH AFTER CONSIDERING THE RELEVANT EVIDENCE S AS MAY BE PRODUCED BY THE ASSESSEE AND IN ACCORDANCE WITH LAW. 3. IN THE RESULT, BOTH THE MISCELLANEOUS APPLICATIO NS ARE ALLOWED AND THE ORDER DATED 19.02.2016 PASSED IN ITA NO.9194/M/2010 IS MODIFIED TO THAT EXTENT AND AS SUCH THE MATTER IS REMANDED BACK TO T HE FILE OF THE AO INSTEAD OF TO THE FILE OF LD. CIT(A) IN THE LIGHT OF OUR OBSER VATIONS MADE ABOVE. THIS ORDER WILL BE TREATED AS PART AND PARCEL OF ORDER D ATED 19.02.2016 (SUPRA). ORDER PRONOUNCED IN THE OPEN COURT ON 03.02.2017. SD/- SD/- (ASHWANI TANEJA) (SANJAY GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED: 01.03.2017. * KISHORE, SR. P.S. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT (A) CONCERNED, MUMBAI MA NO.133/M/2016 & MA NO.322/M/2016 M/S. TORAY INTERNATIONAL (SINGAPORE) PTE. LTD. 3 THE DR CONCERNED BENCH //TRUE COPY// [ BY ORD ER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.