UNICHEM LABOARTORIES LTD, V. ADDL CIT RG 5(3),

MA 326/MUM/2016

• Counselvise Citation: [2017] 123 COUNSELVISE.COM (IT) 5572 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 1 month(s) 11 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 17-11-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Assessment Year: 2006-2007
• Appeal Filed On: 06-10-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V JUSTIN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH F, MUMBAI BEFORE SHRI D.T. GARASIA, JUDICIAL MEMBER AND SHRI R.C. SHARMA, ACCOUNTANT MEMBER MA NO.326/M/2016 (ARISING OUT OF ITA NO.4461/M/2011 DATE OF DECISION : 18.12.2015) ASSESSMENT YEAR: 2006-07 M/S. UNICHEM LABORATORIES LTD., UNICHEM BHAVAN, PRABHAT ESTATE, S.V. ROAD, JOGESHWARI (WEST), MUMBAI 400 102 PAN: AAACU 0551B VS. ADDL. CIT, RANGE-5(3), MUMBAI AAYAKAR BHAVAN, M.K. ROAD, MUMBAI 400 020 (APPELLANT) (RESPONDENT) PRESENT FOR: ASSESSEE BY : SHRI NITESH JOSHI, A.R. REVENUE BY : SHRI V. JUSTIN, D.R. DATE OF HEARING : 10.11.2017 DATE OF PRONOUNCEMENT : 17.11.2017 O R D E R PER D.T. GARASIA , JUDICIAL MEMBER: THIS MISCELLANEOUS APPLICATION IS FILED BY THE ASSE SSEE REGARDING NOT DISPOSING THE GROUND NO.1 IN RESPECT OF REALLOCATION OF EXPENDITURE INCURRED ON R&D UNITS WHILE COMPUTING I NCOME ELIGIBLE FOR GRANTING DEDUCTION UNDER SECTIONS 80-IB AND 80- IC OF THE ACT. 2. DURING THE COURSE OF HEARING, THE LD. A.R. HAS G ONE THROUGH THE ORDER OF TRIBUNAL AND SUBMITTED THAT ASSESSEE HAD S IX MANUFACTURING UNITS LOCATED AT DIFFERENT LOCATIONS FOR MANUFACTUR E OF BULK DRUGS AND FORMULATIONS. TWO UNITS I.E. AT ROHA AND AT PITHAM PUR ARE SUBSTANTIALLY ENGAGED IN MANUFACTURE OF BULK DRUGS WHILE THE OTHER UNITS MANUFACTURE FORMULATIONS. THE LD. A.R. SUBMI TTED THAT THE MA NO.326/M/2016 M/S. UNICHEM LABORATORIES LTD. 2 TRIBUNAL WHILE PASSING THE ORDER HAS RESTORED THE M ATTER RELATING TO REALLOCATION OF RESEARCH AND DEVELOPMENT EXPENDITUR E INCURRED AT GOA-PTD AND THERE IS NO DISCUSSION THEREIN ON ALLOC ATION OF SUCH EXPENDITURE INCURRED AT RESEARCH AND DEVELOPMENT UN IT AT MUMBAI. THEREFORE, THE LD. A.R. REQUESTED THAT THIS ISSUE R ELATING TO MUMBAI UNIT MAY BE SET ASIDE TO AO FOR FRESH CONSIDERATION AND ORDER MAY BE RECALLED. 3. THE LD. D.R. DURING THE COURSE OF HEARING FAIRLY ADMITTED THAT THIS ISSUE WAS NOT DECIDED BY THE TRIBUNAL. HE HAS NO OBJECTION IF THIS ISSUE IS RESTORED TO AO TO DECIDE AS PER THE D IRECTION IN PARA 11 AT PAGE 9 & 10 OF THE TRIBUNAL ORDER. 4. HAVING HEARD BOTH THE PARTIES, WE ARE OF THE VIE W THAT TRIBUNAL WHILE DECIDING THIS ISSUE REGARDING REALLOCATION OF SUCH EXPENDITURE OF RESEARCH AND DEVELOPMENT EXPENDITURE HAS NOT RES TORED TO AO. THEREFORE, WE ALLOW THE MISCELLANEOUS APPLICATION O F THE ASSESSEE AND THE ISSUE IS RESTORED TO AO FOR ALLOCATION OF R ESEARCH AND DEVELOPMENT EXPENDITURE ON FORMULATION AT MUMBAI. 5. IN THE RESULT, MISCELLANEOUS APPLICATION IS ALLO WED AS STATED ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 17.11.2016. SD/- SD/- (R.C. SHARMA) (D.T. GARASIA) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED: 17.11.2016. * KISHORE, SR. P.S. MA NO.326/M/2016 M/S. UNICHEM LABORATORIES LTD. 3 COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT (A) CONCERNED, MUMBAI THE DR CONCERNED BENCH //TRUE COPY// [ BY ORD ER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.