M/S. KOCH CHEMICALS TECHNOLOGY GROUP INDIA PVT. LTD, MUMBAI v. THE DY CIT 10(2), MUMBAI

ITA 1052/MUM/2008 | 2004-2005
Pronouncement Date: 28-01-2011 | Result: Partly Allowed

Appeal Details

RSA Number 105219914 RSA 2008
Assessee PAN AABCK3688G
Bench Mumbai
Appeal Number ITA 1052/MUM/2008
Duration Of Justice 2 year(s) 11 month(s) 15 day(s)
Appellant M/S. KOCH CHEMICALS TECHNOLOGY GROUP INDIA PVT. LTD, MUMBAI
Respondent THE DY CIT 10(2), MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 28-01-2011
Appeal Filed By Assessee
Order Result Partly Allowed
Bench Allotted A
Tribunal Order Date 28-01-2011
Date Of Final Hearing 20-01-2011
Next Hearing Date 20-01-2011
Assessment Year 2004-2005
Appeal Filed On 12-02-2008
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH A MUMBAI BEFORE SHRI R.S. SYAL(AM) & SMT. ASHA VIJAYARAGHAV AN (JM) I.T.A.NO.1052/MUM/2008 (A.Y. 2004-05) M/S.KOCH CHEMICAL TECHNOLOGY GROUP INDIA PVT. LTD. 10 TH FLOOR CORPORATE PARK-II SION-TROMBAY ROAD CHEMBUR MUMBAI-400 074. PAN: AABCK3688G VS. DY. COMMR. OF INCOME-TAX-10(2) AAYKAR BHAVAN M.K. ROAD MUMBAI-400 020. APPELLANT RESPONDENT APPELLANT BY SHRI MILIN K. MEHTA. RESPONDENT BY SHRI SU RENDRA KUMAR. O R D E R PER R.S. SYAL AM: THIS APPEAL BY THE ASSESSEE ARISES OUT OF THE ORDER PASSED BY THE CIT(A) ON 23-11-2007 IN RELATION TO THE ASSTT. YE AR 2004-05. 2. THE FIRST GROUND IS AGAINST THE NON-ADMISSION OF ADDITIONAL EVIDENCE FILED BEFORE THE LEARNED FIRST APPELLATE AUTHORITY WHILE CONFIRMING THE DISALLOWANCE U/S. 40(A)(I) OF THE ACT. 3. SHORN OF UNNECESSARY DETAILS IT IS SEEN THAT TH E AO MADE DISALLOWANCE OF RS.21 27 107/- U/S.40(A)(I) IN RESP ECT OF SHARED SERVICE COST. THE ASSESSEE TRIED TO PRODUCE ADDITIONAL EVID ENCE IN THE SHAPE OF COST SHARING AGREEMENT BEFORE THE LEARNED FIRST APP ELLATE AUTHORITY WHO REFUSED TO ADMIT THE SAME AND UPHELD THE ASSESSMENT ORDER ON THIS ISSUE. 4. HAVING HEARD BOTH THE SIDES AND PERUSED THE RELE VANT MATERIAL ON RECORD IT IS NOTED FROM THE SUBMISSIONS ADVANCED O N BEHALF OF THE ITA 1052/M/08 2 ASSESSEE THAT THE AO DID NOT PROVIDE ADEQUATE OPPOR TUNITY TO THE ASSESSEE IN DEFENCE OF ITS CASE. IT WAS ONLY AT THE APPELLAT E STAGE THAT THE ASSESSEE PUT FORWARD THE NECESSARY EVIDENCE IN SUPPORT OF I TS CLAIM WHICH WAS NOT ADMITTED BY THE LEARNED CIT(A). WITHOUT GOING INTO THE MERITS OF THE CASE WE ARE OF THE CONSIDERED OPINION THAT IT WILL BE JU ST AND FAIR IF THE IMPUGNED ORDER IS SET ASIDE AND THE MATTER IS RESTO RED TO THE FILE OF AO. WE ORDER ACCORDINGLY AND DIRECT THE AO TO DECIDE TH IS ISSUE DE NOVO AS PER LAW AFTER ALLOWING REASONABLE OPPORTUNITY OF BEING HEARD UNINFLUENCED BY ANY FINDING IN THE IMPUGNED ORDER. NEEDLESS TO SAY THE ASSESSEE WILL BE AT LIBERTY TO LEAD ANY EVIDENCE BEFORE THE AO IN ITS D EFENCE. 5. IN THE RESULT THE APPEAL IS ALLOWED FOR STATIST ICAL PURPOSES. ORDER PRONOUNCED ON THE 28TH DAY OF JANUARY 2011. SD/- SD/- (SMT. ASHA VIJAYARAGHAVAN) (R.S. SYAL) JUDICIAL MEMBER ACCOUNTANT MEM BER MUMBAI: 28TH JANUARY 2011. NG: COPY TO : 1. ASSESSEE. 2. DEPARTMENT. 3 CIT(A)-X MUMBAI. 4 CIT MC-X MUMBAI. 5.DR A BENCH MUMBAI. 6.MASTER FILE. (TRUE COPY) BY ORDER ASST.REGISTRAR ITAT MUMBAI. ITA 1052/M/08 3 DETAILS DATE INITIALS DESIGNA TION 1. DRAFT DICTATED ON 20-01-2010 SR.PS/ 2. DRAFT PLACED BEFORE AUTHOR 20-01-2010 SR.PS/ 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/ AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/ 6. KEPT FOR PRONOUNCEMENT ON SR.PS/ 7. FILE SENT TO THE BENCH CLERK SR.PS/ 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9. DATE ON WHICH FILE GOES TO THE AR 10. DATE OF DISPATCH OF ORDER *