M/s. CHIRON BEHRING VACCINES P. LTD., MUMBAI v. DCIT - 8(1), MUMBAI

ITA 1003/MUM/2009 | 2002-2003
Pronouncement Date: 27-07-2011 | Result: Allowed

Appeal Details

RSA Number 100319914 RSA 2009
Assessee PAN AAACC6494P
Bench Mumbai
Appeal Number ITA 1003/MUM/2009
Duration Of Justice 2 year(s) 5 month(s) 14 day(s)
Appellant M/s. CHIRON BEHRING VACCINES P. LTD., MUMBAI
Respondent DCIT - 8(1), MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 27-07-2011
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted C
Tribunal Order Date 27-07-2011
Date Of Final Hearing 21-07-2011
Next Hearing Date 21-07-2011
Assessment Year 2002-2003
Appeal Filed On 13-02-2009
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI C BENCH BEFORE SHRI D.MANMOHAN VICE PRESIDENT & SHRI T.R.SOOD ACCOUNTANT MEMBER I.T.A.NO.1003/MUM/2009 A.Y 2002-03 CHIRON BEHRING VACCINES PRIVATE LIMITED 501 SHRI AMBA SHANTI CHAMBERS ANDHERI KURLA ROAD (OPP. THE LEELA) ANDHERI (EAST) MUMBAI 400 059. PAN: AAACC 6494 P VS. DY. COMMISSIONER OF I.T. 8(1) MUMBAI. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI ARVIND SONDE. RESPONDENT BY : SHRI DORI SINGH. CIT DR O R D E R PER T.R.SOOD AM: THIS APPEAL IS DIRECTED AGAINST THE ORDER OF THE C IT(A)-VIII MUMBAI DATED 07-11-2008 FOR A.Y 2002-03 AND THE ON LY DISPUTE INVOLVED IS REGARDING LEVY OF PENALTY U/S.271(1). 2. AFTER HEARING BOTH THE PARTIES WE FIND THAT A P ENALTY HAS BEEN LEVIED BY THE AO IN RESPECT OF TWO ADDITIONS VIZ. [I] AGAINST DISALLOWANCE OF EXPENDITURE FOR OBTAINING WHO CERTI FICATE AMOUNTING TO RS.1 05 82 250/- AND [III] DISALLOWANCE MADE IN TER MS OF ORDER OF THE TPO IN RESPECT OF RE-DETERMINATION OF ARMS LENGTH P RICE. 3. ON APPEAL BEFORE THE CIT(A) THE PENALTY IN RESPE CT OF FIRST ISSUE WAS DELETED BY HIM AND PENALTY IN RESPECT OF SECOND ISSUE WAS CONFIRMED BY THE LD. CIT(A). 4. BEFORE US LD. COUNSEL OF THE ASSESSEE POINTED O UT THAT THE SECOND ISSUE HAS BEEN SET ASIDE BY THE TRIBUNAL IN QUANTUM ITA NO.1003/M/09 2 PROCEEDINGS IN I.T.A.NOS.3557/MUM/06 AND 3647/MUM/0 6 [COPY OF THE ORDER FILED ON RECORD AT PAGES 287 TO 309 OF THE PA PER BOOK]. 5. ON THE OTHER HAND LD. DR RELIED ON THE ORDER OF THE CIT(A). 6. AFTER CONSIDERING THE RIVAL SUBMISSIONS WE FIND THAT WHILE DECIDING THE QUANTUM PROCEEDINGS THE TRIBUNAL IN I.T.A.NOS.3557/MUM/06 AND 3647/MUM/06 HAS SET ASIDE THE ISSUE REGARDING ADJUSTMENT ON ACCOUNT OF ARMS LENGTH PRIC E TO THE FILE OF THE AO FOR RE-ADJUDICATION. THEREFORE THIS ADDITION DO ES NOT SURVIVE AND ACCORDINGLY WE DELETE THE PENALTY. HOWEVER AO IS A T LIBERTY TO INITIATE PENALTY PROCEEDINGS IF ANY ADJUSTMENT IS MADE IN TH E FRESH ASSESSMENT PROCEEDS IF THE CIRCUMSTANCES SO WARRANT. 7. IN THE RESULT APPEAL IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS DAY OF 2 9/7/2011. SD/- SD/- (D.MANMOHAN) (T.R.SOOD) VICE PRESIDENT ACCOUNTANT MEMBER MUMBAI: 29/7/2011. P/-*