Income Tax Appellate Tribunal - Delhi
Posco Engineering And Construction Co. ... vs Assessee
IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH: 'F' NEW DELHI
BEFORE SHRI R. S. SYAL, ACCOUNTANT MEMBER
AND
SHRI A. T. VARKEY, JUDICIAL MEMBER
I.T.A .No.-1140/Del/2014
(ASSESSMENT YEAR-2009-10)
Posco Engineering & Construction Vs. DDIT
Company, 6th Floor Park Centra Circle-3(2),
Building Tower- B Sector-30 International Taxation
Gurgaon. Haryana 122001 Civic Centre,
New Delhi-110002
PAN: AAECP2664A
(APPELLANT) (RESPONDENT)
Assessee by:-Sh. Pawan Kumar, Sh. Vishal Anand,
Sh. Nitin Vaid, Arzoo Batta, Anushree
Kanodia, CA.
Revenue by:-Sh. Sanjeev Sharma &
Sh. Vivek Kumar, CIT. DR.
ORDER
PER R. S. SYAL, AM :
This appeal by the assessee is directed against the final order passed by the Assessing Officer u/s 143(3) r.w.s. 144C(13) [Sic 144C (5)] on 21.01.2014 in relation to the assessment year 2009-
10. 2 I.T.A .No.-1140/Del/2014
2. We have heard the rival submissions and perused the relevant material on record. At the very outset it was submitted by the ld. AR that issues involved in the instant appeal are similar to those in the appeal filed by the assessee before the Tribunal for the immediately preceding Assessment Year i.e. 2008-09. A copy of the Tribunal order dated 26.2.2014 in ITA No. 5787/Del/2013 passed by the tribunal for such earlier year was placed on record. The ld. DR also fairly admitted that the facts and circumstances as well as the grounds of the instant appeal are similar to those for the preceding year.
3. The tribunal has passed order for A.Y. 2008-09. In this order, various aspects about the taxability and the extent qua the income from off-shore supply of equipments; income from on-shore equipments; income from on-shore services; and income from design and engineering services have been discussed and adjudicated upon. The issue of Transfer Pricing Adjustment has also been dealt with. Such issues have been sent back by the tribunal to the AO/TPO for a fresh decision in accordance with the 3 I.T.A .No.-1140/Del/2014 specific directions given therein. Since both the sides are in agreement that the facts and circumstances as well as the grounds of the extant appeal are mutatis mutandis similar to those for A.Y. 2008-09, following the precedent we set aside the impugned order and remit the matter to the file of AO/TPO for deciding these issues afresh in conformity with the directions by the Tribunal in its order for A.Y. 2008-09. Needless to say the assessee would be allowed a reasonable opportunity of being heard.
4. In the result, the appeal is partly allowed for statistical purposes.
Order pronounced in the open Court on 02/04/2014.
Sd/- Sd/-
( A. T. VARKEY ) (R. S. SYAL)
JUDICIAL MEMBER ACCOUNTANT MEMBER
Dated: 02/04/2014
*AK VERMA*
Copy forwarded to:
1. Appellant
2. Respondent
3. CIT
4 I.T.A .No.-1140/Del/2014
4. CIT(Appeals)
5. DR: ITAT
ASSISTANT REGISTRAR
Date Initial
1. Draft dictated on PS
02/04/2014
2. Draft placed before author 02/04/2014 PS
3. Draft proposed & placed before the JM/AM
second member
4. Draft discussed/approved by JM/AM
Second Member.
5. Approved Draft comes to the 03/04/2014 PS/PS
Sr.PS/PS
6. Kept for pronouncement on PS
7. File sent to the Bench Clerk 03/04/2014 PS
8. Date on which file goes to the AR
9. Date on which file goes to the Head Clerk.
10. Date of dispatch of Order.
*