Capsugel Healthcare Ltd. v. Asstt.CIT

DY COMMISSIONER OF INCOME TAX (IT)-2(2)(1), MUMBAI vs. ERISSE INVESTMENT LIMITED, MUMBAI

In the result, the appeal of the revenue stands dismissed

…common thread in all these judicial precedents, i.e. in the cases of Vijay Television (P.) Ltd. v. Dispute Resolution Panal [(2014) 46 taxmann.com 100 (Mad)], Jazzy Creations Pvt Ltd Vs ITO [(2016) 133 DTR 1 (Mum)] and Capsugel Healthcare Ltd Vs ACIT [(2015) 152 ITD 142 (Del)], is that all these precedents pertain to the situations in which applicability of Section 144C was not in slightest doubt and yet the Assessing Officer did not issue the draft assessment order- as is required to under the scheme of Section 144C. That is not the case here. It was a conscious, and in fact correct, decision of the Assessing O…

MAUSMI SA INVESTMENTS LLC (UNDER LIQUIDATION)FOR AND ON BEHALF O LIQUIDATED SUBSIDIARY MAUSMI VENTURES LIMITED,MUMBAI vs. ACIT(IT)-3(2)(1), MUMBAI

In the result, the appeal filed by the assessee is treated as allowed

Bench: Shri B.R. Baskaran, Am & Shri Amarjit Singh Jm आयकरअपीलसं/I.T.A. No.7026/Mum/2018 (निर्धारणवर्ा / Assessment Year: 2014-15) Mausmi Sa Investments बिधम/ Acit Llc (Under Liquidation) International Taxation-3(2)(1) Vs. 16Th Floor, Room No. 1607, (For & On Behalf Of Liquidated Subsidiary Air India Building, Nariman Mausmi Ventures Limited) Point, Mumbai-21. 1St Floor, Wing A, Cyber Tower 1, Cybercity, Ebene, Mauritius -72201 C/O Deloitte Haskins & Sells Llp 28Th Floor, Indiabulls Finance Centre, Tower 3, Senapati Bapat Marg, Elphinstone (W), Mumbai- 400013. स्थायीलेखासं./जीआइआरसं./Pan/Gir No. : Aagcm0928G (अपीलाथी /Appellant) (प्रत्यथी / Respondent) .. Assessee By: Shri P. J. Pardiwala/ Paras Savla Revenue By: Shri V. Sreekar (Dr) सुनवाईकीतारीख / Date Of Hearing: 09.04.2019 घोषणाकीतारीख /Date Of Pronouncement:. 10.04.2019 आदेश / O R D E R Per B. R. Baskaran, Am: The Assessee Has Filed This Appeal Challenging The Assessment Order Passed By The Ao U/S 143(3) R.W.S. 144C Of The Act For Assessment Year 2014- 15, In Pursuance Of Directions Given By Ld Dispute Resolution Panel (Drp). 2. The Assessee Is Challenging The Validity Of Assessment Order Passed On The Ground That The Ao Was Not Right In Law In Invoking The Provisions Of Sec.144C Of The Act In The Instant Year, Since The Conditions Prescribed For Invoking The

…common thread in all these judicial precedents, i.e. in the cases of Vijay Television (P.) Ltd. v. Dispute Resolution Panal [(2014) 46 taxmann.com 100 (Mad)], Jazzy Creations Pvt Ltd Vs ITO [(2016) 133 DTR 1 (Mum)] and Capsugel Healthcare Ltd Vs ACIT [(2015) 152 ITD 142 (Del)], is that all these precedents pertain to the situations in which applicability of Section 144C was not in slightest doubt and yet the Assessing Officer did not issue the draft assessment order- as is required to under the scheme of Section 144C. That is not the case here. It was a conscious, and in fact correct, decision of the Assessing O…

JAZZY CREATIONS P.LTD,MUMBAI vs. ITO 8(2)(1), MUMBAI

In the result, the appeal is allowed in the terms indicated above

Bench: A Coordinate Bench Of This Tribunal, And, Vide Order Dated 19Th August 2013, The Matter Was Remitted To The File Of The Cit(A) By Observing That, “...We Consider It Appropriate To Restore The Entire Issue Regarding The Tp Adjustment To The File Of The Cit(A) With A Direction To Re-Adjudicate The Same By Taking Into Account The Aforesaid Amendment As Well As Other Grievances On The Assessee On Tp Adjustment By Giving The Assessee A Reasonable Opportunity Of Hearing.....” The Assessee Is Not Satisfied By The Stand Taken By The Cit(A) In The Remanded Proceedings As Well. That Is Why The Assessee Is Once Again In Appeal Before Us.

…a situation in which the assessee is an eligible assessee who ought to have been issued a draft assessment order, we find the following guidance from the decision of a coordinate bench in the case of Capsugel Healthcare Limited Vs ACIT and vice versa [(2015) 152 ITD 142 (Del)] :- 7. We find that the issue is covered is now covered in favour in of the assessee by judgment of Hon'ble Madras High Court, in the case of Vijay Television Pvt Ltd Vs DRP [(2014) 369 ITR 113 (Mad)] wherein Hon'ble High Court has, inter alia, observed as follows: 20. Under Section 144 (C) of the Act, it is evident that the assessing off…