LS Cable Limited, New Delhi v. DDIT, New Delhi

ITA 5495/DEL/2010 | 2007-2008
Pronouncement Date: 15-07-2011 | Result: Partly Allowed

Appeal Details

RSA Number 549520114 RSA 2010
Bench Delhi
Appeal Number ITA 5495/DEL/2010
Duration Of Justice 7 month(s) 9 day(s)
Appellant LS Cable Limited, New Delhi
Respondent DDIT, New Delhi
Appeal Type Income Tax Appeal
Pronouncement Date 15-07-2011
Appeal Filed By Assessee
Order Result Partly Allowed
Bench Allotted D
Tribunal Order Date 15-07-2011
Date Of Final Hearing 10-05-2011
Next Hearing Date 10-05-2011
Assessment Year 2007-2008
Appeal Filed On 06-12-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH D NEW DELHI) BEFORE SHRI R.P. TOLANI JUDICIAL MEMBER AND SHRI B.K. HALDAR ACCOUNTANT MEMBER I.T.A. NO.5495 /DEL/2010 ASSESSMENT YEAR : 2007-08 L.S. CABLE LTD. DCIT (FORMERLY KNOWN AS LG CABLE LTD) CIRCLE-3 (1) OFFICE NO.3 3 RD FLOOR INT. TAXATION LSC VASANT ARCADE POCKET-7 DRUM SHAPE BLDG. VASANT KUNJ NEW DELHI. V. NEW DELHI. (APPELLANT) (RESPONDENT) PAN /GIR/NO. PAN /GIR/NO. PAN /GIR/NO. PAN /GIR/NO.AAACL AAACL AAACL AAACL- -- -6446 6446 6446 6446- -- -Q QQ Q APPELLANT BY : SHRI SANDEEP CAHUFLA & SHRI ATUL AWASTHI C.A. RESPONDENT BY : SHRI ASHWANI KR.MAHAJAN CIT-DR. ORDER PER B.K. HALDAR AM: THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF DISPUTE RESOLUTION PANEL-II NEW DELHI DATED 27.9.2010 FOR A SSESSMENT YEAR 2007-08. THE ASSESSEE HAS TAKEN FOLLOWING GROUNDS OF AP PEALS:- THAT THE HON'BLE DISPUTE RESOLUTION PANEL-II NEW DEL HI (DRP) AND THE ASSESSING OFFICER HAVE ERRED ON THE FACTS AND IN LAW IN ALLEGING THAT THE RECEIPTS FROM OFFSHORE SUPPLY OF EQUIPMENT A RE TAXABLE IN INDIA PAGE 2 OF 4 ITA NO5495./DEL/2010 I) IN PASSING THE AFORESAID ORDER THE DRP AND THE ASS ESSING OFFICER HAVE IGNORED THE LAW OF THE LAND STATED BY THE HON'BLE SUPREME COURT IN THE CASE OF ISHIKAJMA HARIMA HEAVY I NDUSTRIES LTD. (288 ITR 408 (SC) AND THE DECISIONS OF THE HON'B LE ITAT PASSED IN THE CASE OF APPELLANT ITSELF FOR THE ASSESSMENT Y EAR 2002-03 LG CABLE LTD. V. DDIT 314 ITR 301 (DEL.). ITAT AND ASSESSMENT YEARS 2003-04 2004-05 AND 2005-06 LS CABLE LTD. V. DDIT I.T.A. NO. 3634 3635 & 3636 OF 1009). II) WITHOUT PREJUDICE TO THE ABOVE THE DRP AND THE ASSESSING OFFICER HAVE ERRED ON FACTS AND IN LAW IN ALLEGING T HAT THE TOTAL PROFITS FROM OFFSHORE SUPPLY WAS 20% OF THE GROSS REVENUE OF OFFSHORE SUPPLY AND IN ALLEGING THAT 50% OF SUCH PROF ITS ARE ATTRIBUTABLE TO INDIAN PROJECTS OFFICE EVEN THOUGH N O PART OF THE ACTIVITY RELATING TO OFFSHORE SUPPLY WAS CARRIED OUT B Y THE APPELLANTS PO IN INDIA. 2. AT THE TIME OF HEARING THE LD AR FOR THE ASSESSEE H AS NOT PRESSED GROUND NO.2. THUS THE ONLY GROUND TO BE DECID ED BY US IS GROUND NO.1 TAKEN BY THE APPELLANT. 3. IT IS THE COMMON SUBMISSION OF BOTH THE PARTIES THAT THE ISSUE INVOLVED IN CURRENT YEAR IS COVERED BY THE DECISION O F THIS TRIBUNAL IN ASSESSEES OWN CASE FOR ASSESSMENT YEAR 2002-03 REPORTED IN 3 14 ITR 301 (DEL.) (ITAT). AND ITATS SUBSEQUENT DECISION IN ASSESSEES OWN CASE FOR ASSESSMENT YEAR 2003-04 TO 2005-06 IN I.T .A. NO.3634 3635 & 3636 OF 2009. IT HAS BEEN FURTHER SUBM ITTED BY THE LD AR FOR THE ASSESSEE THAT THE DECISION OF THIS TRIBUNA L IN ASSESSMENT YEAR 2002-03 HAS BEEN CONFIRMED BY JURISDICTIO NAL HIGH COURT IN THEIR JUDGMENT DATED 24.12.2010 IN I.T.A. NO.703/2009. PAGE 3 OF 4 ITA NO5495./DEL/2010 4. IN VIEW OF THE ABOVE GROUND NO.(I) TAKEN BY THE ASSESSEE IS DECIDED IN FAVOUR OF THE ASSESSEE I.E. GROUND NO.(I) IS ALLOWED. 5. IN THE RESULT THE APPEAL OF THE ASSESSEE IS ALLOWED I N PART. 6. ORDER PRONOUNCED IN THE OPEN COURT ON THE 15TH D AY OF JULY.2011. SD/- SD/- (R.P. TOLANI) (B.K. HAL DAR) JUDICIAL MEMBER ACCOUNTANT MEMBER DT. 15.7.2011. HMS COPY FORWARDED TO:- 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT (A)- NEW DELHI. 5. THE DR ITAT LOKNAYAK BHAWAN KHAN MARKET NEW DEL HI. TRUE COPY. BY ORDER (ITAT NEW DELHI). DATE OF HEARING 17.6.2011 DATE OF DICTATION 4.7.2011 DATE OF ORDER SIGNED BY THE HON'BLE MEMBER. 15.7.2011 DATE OF ORDER SENT TO THE CONCERNED BENCH 15.7.2011 PAGE 4 OF 4 ITA NO5495./DEL/2010