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M/s. Morgan Stanley Asia (Singapore) Pte., C/o. S R B C & Associates, 6th Floor, Express Towers, Nariman Point, Mumbai -400 021 Vs. Deputy Director of Income Tax (International Taxation) -4(1), Scindia House, N.M. Marg, Mumbai -400 038
October, 24th 2013
                  `     ""                           

               IN THE INCOME TAX APPELLATE TRIBUNAL
                    MUMBAI BENCH "K", MUMBAI

          .   ,                             ,                             
     BEFORE SHRI D. KARUNAKARA RAO, ACCOUNTANT MEMBER
           AND SHRI VIVEK VARMA, JUDICIAL MEMBER

                        . : 4365/ /2012
                              A.Y. 2007-2008
                          ITA No. : 4365/Mum/2012
                         (Assessment year: 2007-2008)
     M/s. Morgan Stanley Asia             Vs   Deputy Director of Income Tax
     (Singapore) Pte.,                         (International Taxation) -4(1),
     C/o. S R B C & Associates,                Scindia House,
     6th Floor, Express Towers,                N.M. Marg,
     Nariman Point,                            Mumbai -400 038
     Mumbai -400 021
        .:PAN: AAECM 3575 B
           (Appellant)                               (Respondent)
                           Appellant by   :    None
                         Respondent by    :    Shri Ajeet Kumar Jain

    /Date of Hearing                      : 21-10-2013
    /Date of Pronouncement                : 21-10-2013


                                      
                                   ORDER
    ,  :
PER VIVEK VARMA, JM:

          The instant appeal is filed by the assessee against the order of
the CIT(A) 15, Mumbai, dated 03.04.2012 for AY 2007-08.

2.      On    previous    occasion,   appeal    was fixed     for   hearing      on
29.07.2013, as request letter dated 17th July, 2013 received from the
assessee mentioning therein, "The issues involved in the captioned
appeal include grounds relating to transfer pricing and international tax.
We understand that recently it was decided that appeals involving both,
transfer pricing and international tax issues, shall be heard and decided
by the `K' Bench" and as per the order of Hon'ble President dated
                                      2      M/s. Morgan Stanley Asia (Singapore) Pte.
                                                             ITA No. 4365/Mum/2012





31.07.2013, this case has been transferred to `K' Bench and fixed for
hearing on 21.10.2013. On date, fixed for hearing on 21.10.2013, none
appeared on behalf of the assessee nor any adjournment letter has
been received. Hence, following the decision of the ITAT, in the case of
Multiplan India Ltd., reported in 38 ITD 320 (Del) and the judgment of
the Hon'ble Madhya Pradesh High Court in the case of Late Tukojirao
Holkar vs CWT, reported in (1997) 223 ITR 480 (MP), the appeal filed
by the assessee is dismissed.

3.      In the result, appeal of the assessee stand dismissed.
Order pronounced in the open Court on 21st October, 2013.

                              21.10.2013    |

        Order pronounced in the open Court on 21st October, 2013.

              Sd/-                                                      Sd/-
     ( .   )                                                      (  )
                                                               
(D. KARUNAKARA RAO)                                      (VIVEK VARMA)
ACCOUNTANT MEMBER                                       JUDICIAL MEMBER
 Mumbai,  Date: 21st October, 2013
  /Copy to:-
     1)  /The Appellant.
     2)  /The Respondent.
     3)      () -15, Mumbai / The CIT (A)-15, Mumbai.
     4) The DIT(IT)/CIT-Concerned _____, Mumbai,
     5)     "          " ,     , /
        The D.R. "K" Bench, Mumbai.
     6)  
        Copy to Guard File.
                                               /By Order
         / / True Copy / /
                                                             [







                                                  / 
                                                , 
                                            Dy./Asstt. Registrar
                                             I.T.A.T., Mumbai

*  . .
*Chavan, Sr. PS

 
 
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