ACIT- 3(1)(1), MUMBAI vs. MM/S SANOFI INDIA LIMITED (FORMERLY KNOWN AS AVENTIS PHARMA LTD)., MUMBAI

ITA 1302/MUM/2007Status: DisposedITAT Mumbai31 October 2023AY 2003-2004125 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal decided that the penalty order was not sustainable because the underlying additions/disallowances were either deleted or remitted back to the Assessing Officer in the quantum appeals. Therefore, the revenue's appeal on penalty was dismissed.

What were the facts?

The Income Tax Appellate Tribunal (ITAT) heard multiple appeals filed by both the assessee (Sanofi India Ltd) and the revenue for assessment years 2003-04 and 2004-05. The appeals involved various grounds related to disallowances, additions, and penalties.

What were the issues?

The primary issue was the sustainability of penalty levied under Section 271(1)(c) when the additions forming the basis of the penalty were themselves disputed and decided in favor of the assessee or remitted. The appeals also involved disputes over depreciation, bad debts, Modvat, brokerage, repairs, capital gains, and transfer pricing adjustments.

Which sections of the Income-tax Act were involved?

Section 271(1)(c),Section 40A(2)(a)(b),Section 92C(4),Section 80HHC,Section 244(1A)

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Cases cited in this judgment(27)Show list

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Heard together (3 matters)

ITA.NO.1606/MUM/2007
ITA.NO.1128/MUM/2009
ITA.NO. 5939/MUM/2010

Read from the judgment's own cause title. This page is filed under one of them.

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “J”, MUMBAI

BEFORE SHRI VIKAS AWASTHY, HON’BLE JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN, HON'BLE ACCOUNTANT MEMBER

ITA.NO.1606/MUM/2007(A.Y: 2003-04)

M/s. Sanofi India Ltd v. DCIT – Range – 8(1) {Formerly known as Aventis Pharma Limited} Room No. 210, Aayakar Bhavan 54/A, Sir MathuradasVasanji Road Maharshi Karve Road Andheri (E), Mumbai – 400093 Mumbai - 400020 PAN: AAACH2736F (Appellant) (Respondent)

ITA.NO. 5939/MUM/2010 (A.Y. 2004-05) M/s. Sanofi India Ltd v. Addl. CIT – Range – 8(1) {Formerly known as Aventis Pharma Limited} Aayakar Bhavan C.T.S. No. 117-B, L & T Business Park Maharshi Karve Road Saki Vihar Road, Powai Mumbai - 400020 Mumbai - 400072 PAN: AAACH2736F (Appellant) (Respondent) ACIT – Circle – 3(1)(1) v. M/s. Sanofi India Ltd Room No. 607, 6th Floor {Formerly known as Aventis Pharma Limited} 54/A, Sir MathuradasVasanji Road Aayakar Bhavan Andheri (E), Mumbai – 400093 Maharshi Karve Road Mumbai - 400020 PAN: AAACH2736F (Appellant) (Respondent)

ITA.NO.1606 & 1302/MUM/2007 (A.Y: 2003-04)

ITA.NO. 5939 & 6548/MUM/2010 (A.Y. 2004-05) ITA.NO. 674

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