IQOR INDIA SERVICES PRIVATE LIMITED,DELHI V. DEPUTY COMMISSIONER OF INCOME-TAX, DELHI

ITA 3114/DEL/2024

AI Insights

The case involves iQor India Services Private Limited appealing against the order of the Deputy Commissioner of Income Tax, Circle-10(1), which pertained to the assessment year 2020-21. The primary contention was the non-compliance of the Assessing Officer with the directions issued by the Dispute Resolution Panel and the Transfer Pricing Officer regarding the adjustments in the computation of the Arm's Length Price (ALP). The Tribunal found that the Assessing Officer had arbitrarily added an amount of Rs.3,84,06,821 which was not in accordance with the earlier directions, leading to the allowance of the appeal for this ground. Other grounds were restored to the file of the Jurisdictional Assessing Officer for a fresh examination.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 314649 (ITAT-DELHI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-05-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: H
• Assessment Year: misc
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K JADHAV
• Assessee Lawyers: K.M. GUPTA

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH, ‘H’: NEW DELHI BEFORE SHRI PRAKASH CHAND YADAV, JUDICIAL MEMBER AND SHRI BRAJESH KUMAR SINGH, ACCOUNTANT MEMBER ITA No.3114/DEL/2024 [Assessment Year: 2020-21] iQor India Services Private Limited, P-24, Green Park Extension, Green Park Market New Delhi-110016 Vs Deputy Commissioner of Income Tax, Circle-10(1), C.R. Building, New Delhi-110002 PAN-AABCI2835F Appellant Respondent Appellant by Shri K.M. Gupta, Adv. Respondent by Shri S K Jadhav, CIT-DR Date of Hearing 07.05.2025 Date of Pronouncement 09.05.2025 ORDER PER BRAJESH KUMAR SINGH, AM The present appeal of the assessee as arising out of the order of the Ld. Assessing Officer dated 30.04.2024 having DIN No.ITBA/AST/S/ 143(3)/2024-25/1064446176(1) and relates to Assessment year 2020-21. 2. The assessee has raised eight grounds of appeal. However, grounds no.1, 7 and 8 are general in nature and hence require no specific adjudication. 2 ITA No.3114/Del/2024 3. In ground no.2, the assessee has challenged the action of the Assessing Officer in not following the direction of the learned Dispute Resolution Panel (in short’ Dispute Resolution Panel') 4. In ground no.4 & 5, the assessee has challenged the action of CPC Bangalore in making the certain disallowances. 5. With respect to ground no.2, the ld. Counsel for the assessee drawn the attention of the Bench towards the assessment order and pointed out that the Assessing Officer while passing the final assessment order has sustained the addition of Rs.3,84,06,821/- ignoring the directions of the DRP as well as the order giving effect of the TPO. 6. The ld. DR relied upon the orders of the authorities below. 7. We have heard the rival submissions and perused the material available on record. We observe that the TPO while giving effect order to the ld. DRP has observed as under: - “In view of the directions of Hon’ble Dispute Resolution Panel, earlier adjustment is reduced from Rs.3,84,06,821/- to Rs.0. Assessing Officer is requested to make the necessary changes as discussed above.” 8. A perusal of the above observations of the TPO dated 19.04.2024 would prove beyond doubt that no adjustment qua the computation of ALP were remaining in this case. However, the Assessing Officer has arbitrarily added these amounts, which is not permissible in law. Therefore, we hereby delete the addition of Rs.3,84,06,821/-. Ground No.2 of the appeal is allowed. 3 ITA No.3114/Del/2024 9. So far as the remaining grounds are concerned, we restore these issues to the file of the Jurisdictional Assessing Officer (in short ‘JAO’) and direct him to examine these issues afresh in accordance with law. Grounds no.3, 4, 5 and 6 are allowed for statistical purposes. 10. In the result ground number 2 is allowed and Grounds no.3, 4, 5 and 6 are allowed for statistical purposes. Order pronounced in the open court on 09th May, 2025. Sd/- Sd/- [PRAKSAH CHAND YADAV] [BRAJESH KUMAR SINGH] JUDICIAL MEMBER ACCOUNTANT MEMBER Dated 07.05.2025. f{x~{tÜ f{x~{tÜ f{x~{tÜ f{x~{tÜ Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi 4 ITA No.3114/Del/2024 Sr. No. Particulars Date 1 Date of dictation of Tribunal Order 07.05.2025 2 Date on which the typed draft Tribunal Order is placed before the Dictation Member 08.05.2025 3 Date on which the typed draft Tribunal Order is placed before the other Member 4 Date on which the approved draft Tribunal Order comes to the Sr. P.S. /P.S. 5 Date on which the fair Tribunal Order is placed before the Dictating Member for pronouncement 6 Date on which the signed order comes back to the Sr. P.S. /P.S 7 Date on which the final Tribunal Order is uploaded by the Sr. P.S. /P.S. on official website 8 Date on which the file goes to the Bench Clerk along with Tribunal Order 9 Date of killing off the disposed of files on the judiSIS portal of ITAT by the Bench Clerks 10 Date on which the file goes to the Supervisor (Judicial) 11 Date on which the file goes for Xerox 12 Date on which the file goes for endorsement 13 Date on which the file goes to the superintendent for checking 14 The date on which the file goes to the Assistant Registrar for signature on the tribunal order 15 Date on which the file goes to dispatch section 16 Date of Dispatch of the Order "