MAERSK GLOBAL SERVICE CEMTRES (INDIA) P. LTD, MUMBAI v. ACIT CIR 6(3), MUMBAI

ITA 8801/MUM/2010 | 2006-2007
Pronouncement Date: 09-11-2011 | Result: Allowed

Appeal Details

RSA Number 880119914 RSA 2010
Assessee PAN AADCM7786M
Bench Mumbai
Appeal Number ITA 8801/MUM/2010
Duration Of Justice 10 month(s) 23 day(s)
Appellant MAERSK GLOBAL SERVICE CEMTRES (INDIA) P. LTD, MUMBAI
Respondent ACIT CIR 6(3), MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 09-11-2011
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted L
Tribunal Order Date 09-11-2011
Date Of Final Hearing 02-11-2011
Next Hearing Date 02-11-2011
Assessment Year 2006-2007
Appeal Filed On 16-12-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES L MUMBAI BEFORE SHRI R.S.SYAL AM AND SHRI N.V.VASUDEVAN JM ITA NO.8801/MUM/2010 : ASST.YEAR 2006-2007 M/S.MAERSK GLOBAL SERVICE CENTER (INDIA) P. LTD. (FORMERLY KNOWN AS M.S.MAERSK INFOTECH SERVICES INDIA P.LTD.) MUMBAI 400 076. PAN : AADCM7786M THE ASSTT.COMMISSIONER OF INCOME-TAX CIRCLE 6(3) MUMBAI. (APPELLANT) VS. (RESPONDENT) APPELLANT BY : SHRI SUNIL LALA MS.SHAILVI SINGHAL & SHRI BIPIN DODHIA RESPONDENT BY : SMT.MALATHI SRIDHARAN & SHRI JITEND RA YADAV DATE OF HEARING : 04.11.2011 DATE OF PRONOUNCEMENT : 09.11.2011 O R D E R PER R.S.SYAL AM : THIS APPEAL BY THE ASSESSEE ARISES OUT OF THE ORDER PASSED BY THE DISPUTE RESOLUTION PANEL II ON 25.06.2010 IN RELATION TO THE ASSESSMENT YEAR 2006-2007. 2. VARIOUS GROUNDS HAVE BEEN RAISED IN THIS APPEAL. THE LEARNED COUNSEL FOR THE ASSESSEE CONTENDED THAT THE FACTS AND CIRCUMSTANCES LEADING TO ADJUSTMENT OF ALP ARE SIMILAR TO THOSE OF ASSESSMENT YEAR 2005-2006. THE SAID APPEAL FOR ASSESSMENT YEAR 2005-2006 WAS ARGUED SIMULTANEOUSLY AT LENGTH BY BO TH THE SIDES. IT WAS THEREFORE PRAYED THAT THE FINAL DECISION TAKEN IN THAT APPEAL ON THE QUESTION OF TP ADJUSTMENTS BE APPLIED TO THIS YEAR AS WELL. THE LEARNED DEPART MENTAL REPRESENTATIVE ALSO FAIRLY AGREED TO THIS PROPOSAL. 3. WE HAVE PASSED ORDER FOR ASSESSMENT YEAR 2005-20 06 THEREBY ACCEPTING THE ALP DECLARED BY THE ASSESSEE AS CORRECT WITHOUT REQ UIRING ANY FURTHER ADJUSTMENTS. IN VIEW OF THE RIVAL BUT COMMON SUBMISSIONS WE APPLY T HE SAME DECISION TO THE INSTANT YEAR BY HOLDING THAT NO FURTHER ADJUSTMENT TO THE A LP DECLARED BY THE ASSESSEE IS REQUIRED. ITA NO.8801/M/2010 M/S.MEARSK GLOBAL SERVICE CENTERS (INDIA) P.LTD. 2 4. IN THE RESULT THE APPEAL IS ALLOWED. ORDER PRONOUNCED ON THIS 09 TH DAY OF NOVEMBER 2011. SD/- SD/- (N.V.VASUDEVAN) (R.S.SYAL) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI : 09 TH NOVEMBER 2011. DEVDAS* COPY TO : 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT CONCERNED 4. THE CIT(A) - XV MUMBAI. 5. THE DR/ITAT MUMBAI. 6. GUARD FILE. TRUE COPY. BY ORDER ASSISTANT REGISTRAR ITAT MUMBAI.