M/S. THORESEN CHARTERING SINGAPORE PTE. LTD, MUMBAI v. THE DY DIT (INT TAX)- 2(1),

ITA 6913/MUM/2007 | 1998-1999
Pronouncement Date: 27-10-2010 | Result: Allowed

Appeal Details

RSA Number 691319914 RSA 2007
Assessee PAN AABCT7136J
Bench Mumbai
Appeal Number ITA 6913/MUM/2007
Duration Of Justice 2 year(s) 11 month(s) 7 day(s)
Appellant M/S. THORESEN CHARTERING SINGAPORE PTE. LTD, MUMBAI
Respondent THE DY DIT (INT TAX)- 2(1),
Appeal Type Income Tax Appeal
Pronouncement Date 27-10-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted L1
Tribunal Order Date 27-10-2010
Date Of Final Hearing 22-06-2010
Next Hearing Date 22-06-2010
Assessment Year 1998-1999
Appeal Filed On 19-11-2007
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL L BENCH MUMBAI. BEFORE SHRI R.V.EASWAR PRESIDENT AND SHRI J.SUDHA KAR REDDY AM I.T.A. NOS. 6913 TO 6916/MUM/2007 (ASSESSMENT YEARS: 1998-99 1999-00 20 00-01 2002-03) M/S. THORESEN CHARTERING SINGAPORE PTE. LTD. C/O. J.M. BAXI & CO. 16 BANK STREET P.O.BOX NO.731 FORT MUMBAI-400 001. PAN:AABCT7136J VS. THE DEPUTY DIRECTOR OF INCOME TAX (INTL. TAX)2-1 MUMBAI. (APPELLANT) (RESPONDENT) APPELLANT BY : MR. JITESH JHANKHARIA RESPONDENT BY : MR. NARENDER SINGH CIT (DR) O R D E R PER R.V.EASWAR PRESIDENT: THESE ARE APPEALS BY THE ASSESSEE DIRECTED AGAINST PENALTIES IMPOSED UNDER S ECTION 271(1)(C) OF THE INCOME TAX ACT AS FOLLOWS:- ASSESSMENT YEAR PENALTY RS. 1998-99 10 92 960 1999-2000 3 71 569 2000-01 1 43 237 2002-03 11 67 713 2. AT THE TIME OF THE HEARING IT WAS POINTED OUT O N BEHALF OF THE ASSESSEE THAT PENALTIES HAVE BEEN LEVIED CONSEQ UENT TO THE REASSESSMENT ORDERS PASSED BY THE ASSESSING OFFICER DENYING THE BENEFIT OF ARTICLE 8 OF THE DOUBLE TAXATION AVO IDANCE AGREEMENT BETWEEN INDIA AND SINGAPORE AND THAT ON A PPEALS FILED BY THE ASSESSEE TO THE TRIBUNAL THE REASSESS MENT ORDERS WERE QUASHED AS BEING WITHOUT JURISDICTION. IT IS F URTHER POINTED OUT THAT THE ORDER OF THE TRIBUNAL QUASHING THE REA SSESSMENTS HAS BEEN UPHELD BY THE HONBLE BOMBAY HIGH COURT VI DE JUDGEMENT DATED 8 TH JANUARY 2010. COPIES OF THE ORDER OF THE TRIBUNAL DATED 11 TH JUNE 2008 IN ITA NOS. 1991 TO 1993 AND ITA NO.6913 TO 6916/07 2 2867/MUM/2006 AND THE C.O. NOS. 283 TO 285 & 302/MUM/2006 AS WELL AS THE ORDER OF THE HIGH COUR T HAVE BEEN FILED BEFORE US. WE FIND THEREFROM THAT THE T RIBUNAL QUASHED THE REASSESSMENTS AS BEING WITHOUT JURISDIC TION AND THE APPEAL FILED BY THE DEPARTMENT TO THE HONBLE BOMBAY HIGH COURT WAS NOT ADMITTED ON THE GROUND THAT THEY DID NOT RAISE ANY SUBSTANTIAL QUESTION OF LAW. THE ORDER OF THE TRIBUNAL HAS THUS ATTAINED FINALITY. SINCE THE PENALTIES HAVE BE EN LEVIED+ CONSEQUENT TO THE REASSESSMENTS AND SINCE THE REASS ESSMENTS THEMSELVES HAVE BEEN QUASHED THE PENALTIES HAVE NO LEG TO STAND. THEY ARE ACCORDINGLY CANCELLED AND THE APPE ALS OF THE ASSESSEE ARE ALLOWED WITH NO ORDER AS TO COSTS. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 27 TH DAY OF OCTOBER 2010. SD/- (J.SUDHAKAR REDDY) SD/- ( R.V.EASWAR ) ACCOUNTANT MEMBER PRESIDENT MUMBAI DATED 27 TH OCTOBER 2010. SOMU COPY TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE DIT(INTL TAXATION)MUMBAI. 4. THE CIT(A)-XXXI MUMBAI 5. THE DR L BENCH. /TRUE COPY/ BY ORDE R ASSTT. REGISTRAR I.T.A.T MUMBAI