LLOYDS REGISTER QUALITY ASSURANCE LIMITED , MUMBAI V. ADDITIONAL DIRECTRE OF INCOME TAX (INT, TAX).-.4(1), MUMBAI

MA 749/MUM/2017

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6439 (ITAT-MUMBAI)
• Duration Of Justice: 6 month(s) 9 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-04-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: L
• Assessment Year: 2008-2009
• Appeal Filed On: 27-09-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJGURU M V
• Assessee Lawyers: NITESH JOSHIAR

Judgement Text

, INCOME-TAX APPELLATE TRIBUNAL -LBENCH MUMBAI , , , BEFORE S/SHRI RAJENDRA,ACCOUNTANT MEMBER AND RAM LAL NEGI,JUDICIAL MEMBER MA NO.S749-750/MUM/2017 (ARISING OUT OF ./I.T.A./389-390/MUM/2013, /AY.S: 2008-09,2009-10) LLOYDS REGISTER QUALITY ASSURANCE LIMITED (INDIA BRANCH OFFICE) 63-64, KALPATARU SQUARE, 6 TH FLOOR, KONDIVITA LANE, OFF.ANDHERI-KURLA ROAD, ANDHERI (E), MUMBAI-400 059. PAN:AAACL 9740 K VS. ADIT, -INTL. TAXATION-4 (1) MUMBAI. ( /APPELLANT ) ( / RESPONDENT ) REVENUE BY : SHRI RAJGURU M.V. ASSESSEE BY: SHRI NITESH JOSHI-AR / DATE OF HEARING: 06.04.2018 / DATE OF PRONOUNCEMENT: 06.04.2018 /ORDER PER RAJENDRA, AM - VIDE ITS APPLICATIONS,DATED 27/09/17,THE ASSESSEE H AS STATED THERE WERE CERTAIN MISTAKES IN THE ORDER OF THE TRIBUNAL ,DT.07.06.2016,THAT SAME WERE TO BE RECTIFIED AS PER SECTION 254(2) OF THE ACT,THAT WHILE DECIDING THE ISSUE OF MANAGEMENT FEE (PARAGRAPH 5,PG-6 OF THE ORDER),THE TRIBUNAL HAD NOT FOLLOWED THE ORDER FOR THE YEAR 20 05-06,DTD.01/06/2015,DEALING WITH THE IDENTICAL ISSUE. 2. WE FIND THAT THE ISSUE OF MANAGEMENT FEE WAS DECIDE D IN FAVOUR OF THE ASSESSE BY THE TRIBUNAL.IN PARAGRAPH 17 THE TRIBUNAL HAD HELD AS UNDER: NEITHER THE PAYMENT OF LICENCE FEE NOR THE MANAGE MENT CHARGES FALLS WITHIN THE AMBIT AND PURVIEW OF SECTION 44C AND ACCORDINGLY THE NATURE O F ADJUSTMENT TO THE TOTAL INCOME FOR THE PURPOSE OF DISALLOWANCE IS NOT REQUIRED. CONSIDERING THE ABOVE,WE DIRECT THAT LAST LINE OF T HE PARAGRAPH 5 AT PAGE 6 OF THE ORDER DATED 07/06/2017,FOR THE AY.2008-09,SHOULD BE READ AS UND ER: FOLLOWING THE ORDER OF THE TRIBUNAL FOR THE AY.200 6-06(ITA/387/MUM/2013,DTD.)WE HOLD THAT MANAGEMENT FEE DOES NOT FALL WITH THE PURVIEW OF S ECTION 44C OF THE ACT.FIRST GOA IS DECIDED IN FAVOUR OF THE ASSESSEE . 3. PARAGRAPH 9 OF THE ORDER(FOR ITA/390/MUM/2013,AY.20 09-10)SHOULD BE READ AS UNDER: FOLLOWING OUR ORDER FOR THE EARLIER AY.,WE DECIDE FIRST EFFECTIVE GROUND OF APPEAL IN FAVOUR OF THE ASSESSEE. MA NO.751&752/M/17 M/S. LLOYDS REGISTER QUALITY AS SURANCE LTD. 2 AS A RESULT,MA.S FILED BY THE ASSESSE E FOR BOTH THE AY.S STANDS ALLOWED. .. !'#$ #%& . ORDER PRONOUNCED IN T HE OPEN COURT ON 6 TH ,APRIL, 2018. ' ()*+,!- ' 6 . , 2018 SD/- SD/- ( / RAM LAL NEGI ) ( #,/ / RAJENDRA ) , 01 / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; /DATED : 06/04/2018. JV.SR.PS. / COPY OF THE ORDER FORWARDED TO : 1. APPELLANT / 2. RESPONDENT / 3. THE CONCERNED CIT(A)/ , 4. THE CONCERNED CIT / 5. DR L BENCH, ITAT, MUMBAI / , , . . . 6. GUARD FILE/ //TRUE COPY// / BY ORDER, / DY./ASST. REGISTRAR , /ITAT, MUMBAI.