M/s. Posco Engineering and Construction Co. Ltd., Gurgaon v. DDIT, New Delhi

ITA 1140/DEL/2014 | 2009-2010
Pronouncement Date: 02-04-2014 | Result: Partly Allowed

Appeal Details

RSA Number 114020114 RSA 2014
Assessee PAN AAECP2664A
Bench Delhi
Appeal Number ITA 1140/DEL/2014
Duration Of Justice 1 month(s) 2 day(s)
Appellant M/s. Posco Engineering and Construction Co. Ltd., Gurgaon
Respondent DDIT, New Delhi
Appeal Type Income Tax Appeal
Pronouncement Date 02-04-2014
Appeal Filed By Assessee
Order Result Partly Allowed
Bench Allotted F
Tribunal Order Date 02-04-2014
Date Of Final Hearing 02-04-2014
Next Hearing Date 02-04-2014
Assessment Year 2009-2010
Appeal Filed On 28-02-2014
Judgment Text
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 6 TH FLOOR PARK CENTRA CIRCLE-3(2) BUILDING TOWER- B SECTOR-30 INTERNATIONAL TAXATI ON 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. 1 44C(13) [SIC 144C (5)] ON 21.01.2014 IN RELATION TO THE ASSESSM ENT YEAR 2009- 10. I.T.A .NO.-1140/DEL/2014 2 2. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE RELEVANT MATERIAL ON RECORD. AT THE VERY OUTSET IT WAS SUBMI TTED BY THE LD. AR THAT ISSUES INVOLVED IN THE INSTANT APPEAL ARE S IMILAR TO THOSE IN THE APPEAL FILED BY THE ASSESSEE BEFORE THE TRIBUNA L 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 PL ACED ON RECORD. THE LD. DR ALSO FAIRLY ADMITTED THAT THE FACTS AND CIRCUMSTANCES AS WELL AS THE GROUNDS OF THE INSTANT APPEAL ARE SIMIL AR 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 INCO ME FROM DESIGN AND ENGINEERING SERVICES HAVE BEEN DISCUSSED AND ADJUDICATED UPON. THE ISSUE OF TRANSFER PRICING ADJ USTMENT HAS ALSO BEEN DEALT WITH. SUCH ISSUES HAVE BEEN SENT B ACK BY THE TRIBUNAL TO THE AO/TPO FOR A FRESH DECISION IN ACCO RDANCE WITH THE I.T.A .NO.-1140/DEL/2014 3 SPECIFIC DIRECTIONS GIVEN THEREIN. SINCE BOTH THE S IDES 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 DECI DING THESE ISSUES AFRESH IN CONFORMITY WITH THE DIRECTIONS BY THE TRIBUNAL IN ITS ORDER FOR A.Y. 2008-09. NEEDLESS TO SAY THE AS SESSEE 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 M EMBER DATED: 02/04/2014 *AK VERMA* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT I.T.A .NO.-1140/DEL/2014 4 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR DATE INITIAL 1. DRAFT DICTATED ON 02/04/2014 PS 2. DRAFT PLACED BEFORE AUTHOR 02/04/2014 PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS 03/04/2014 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. *