Tei Technologies Pvt. Ltd., Noida V. ACIT, New Delhi

ITA 1504/DEL/2017

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 4668 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 7 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-11-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: I
• Assessment Year: 2008-2009
• Appeal Filed On: 10-03-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NIDHI SHARMA
• Keywords: Transfer pricing; International transaction
• Section: 143(3)

Judgement Text

PAGE | 1 , -2, IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH I-2, NEW DELHI ! !! ! ! !! ! $ $ $ $ % % % % BEFORE MS. SUSHMA CHOWLA, JUDICIAL MEMBER & SHRI R.K.PANDA, ACCOUNTANT MEMBER ! !! ! / ITA NOS.1504 & 1505/DEL/2017 && && && && / ASSESSMENT YEARS: 2008-09 & 2009-10 TEI TECHNOLOGIES PVT.LTD., A-15, HOSIERY COMPLEX, PHASE-II, NOIDA-201305. PAN-AABCT1466B .......... '( /APPELLANT VS THE ACIT, CIRCLE-16(1), NEW DELHI . )*'( / RESPONDENT '(+, / APPELLANT BY : NONE )*'(+, / RESPONDENT BY : MS. NIDHI SHARMA, SR.DR +-.$ / DATE OF HEARING: 07.11.2019 /0+-.$ / DATE OF PRONOUNCEMENT: 08.11.2019 / ORDER PER SUSHMA CHOWLA, JM: BOTH APPEALS FILED BY ASSESSEE ARE AG AINST ORDER OF CIT(A)-38, NEW DELHI, DATED 15.11.2016 RELATING TO ASSESSMENT YEARS 2008-09 & 2009-10 RESPECTIVELY PASSED UNDER SECTION 143(3) OF THE INCOME-TAX ACT, 1961 (IN SHORT ACT). ITA NOS.1504 & 1505/DEL/2017 ASSESSMENT YEARS-2008-09 & 2009-10 PAGE | 2 2. BOTH THESE APPEALS RELATING TO THE SAME ASSESSEE ON SIMILAR ISSUES WERE HEARD TOGETHER AND ARE BEING DISPOSED OFF BY T HIS CONSOLIDATED ORDER FOR THE SAKE OF CONVENIENCE. 3. THE APPEAL WAS FIXED FOR HEARING ON DIFFERENT DA TES BUT THE NOTICE OF HEARING WAS RETURNED BY THE POSTAL AUTHORITIES. ON THE LAST DATE OF HEARING, DIRECTION WAS GIVEN TO ISSUE NOTICE THROUG H THE LD. DR FOR THE REVENUE. IN COMPLIANCE, THE LD. DR FOR THE REVENUE HAS FILED THE COMPLIANCE REPORT OF THE ASSESSING OFFICER CONCERNE D AND THE NOTICE OF HEARING HAS BEEN AFFIXED ON THE AFORESAID ADDRESS O F THE ASSESSEE. HOWEVER, NONE APPEARED ON BEHALF OF THE ASSESSEE AN D WE PROCEED TO DECIDE THE PRESENT APPEALS AFTER HEARING THE LD. DR FOR THE REVENUE. 4. THE PERUSAL OF RECORD REFLECTS THAT THE CIT(A) HAD PASSED THE ORDER EX-PARTE THE ASSESSEE. THOUGH THE CIT(A) TALKS OF VARIOUS NOTICES ISSUED TO THE ASSESSEE AGAINST WHICH ADJOURNMENT APPLICATI ONS WERE MOVED, HOWEVER, ON SOME DATES, NONE APPEARED IN-COMPLIANCE TO THE ADJOURNMENT EARLIER GRANTED. HENCE, THE APPEAL WAS DECIDED EX-PARTE THE ASSESSEE. 5. THE ONLY ISSUE ARISING IN THE PRESENT APPEAL IS THE DETERMINATION OF ARMS LENGTH PRICE OF INTERNATIONAL TRANSACTION UNDE RTAKEN BY THE ASSESSEE. THE PERUSAL OF THE ORDER OF THE CIT(A) R EFLECTS THAT THOUGH REFERENCE IS MADE TO THE VARIOUS GROUNDS OF APPEAL RAISED BY THE ASSESSEE BUT THE ISSUE HAS NOT BEEN DECIDED ON MERITS. IT IS THE REQUIREMENT OF LAW THAT EVEN IF THE ISSUES ARE DECIDED EX-PARTE T HE ASSESSEE, THE MERITS ITA NOS.1504 & 1505/DEL/2017 ASSESSMENT YEARS-2008-09 & 2009-10 PAGE | 3 OF THE CASE SHOULD BE NOTED AND ADJUDICATION SHOULD BE MADE ON THE ISSUES SO RAISED. HOWEVER, THE ORDER OF THE CIT(A) IN THE PRESENT CASE SUFFERS FROM INFIRMITIES. IN VIEW THEREOF, WE DEEM IT FIT TO RESTORE THE ISSUE BACK TO THE FILE OF CIT(A) WHO SHALL DECIDE THE ISS UE ON MERITS. REASONABLE OPPORTUNITY OF HEARING BE GIVEN TO THE A SSESSEE AND EVEN THE ASSESSEE IS DIRECTED TO APPEAR AND PUT FORWARD ITS CONTENTIONS BEFORE THE CIT(A). HENCE, THE APPEALS FILED BY THE ASSESSEE F OR BOTH CAPTIONED ASSESSMENT YEARS STAND ALLOWED. SINCE WE ARE REMIT TING THE MATTER BACK TO THE FILE OF CIT(A), WE ARE NOT ADJUDICATING THE ISSUE ON MERITS. 6. IN THE RESULT, BOTH APPEALS FILED BY THE ASSESSE E ARE ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 08 TH DAY OF NOVEMBER, 2019. SD/- SD/- (R.K.PANDA) (SUSHMA CHOWLA) $ $ $ $ /ACCOUNTANT MEMBER /JUDICIAL MEMBER / DATED : 08 TH NOVEMBER, 2019 . * AMIT KUMAR * +)-232-4 COPY OF THE ORDER IS FORWARDED TO : 1. '( / THE APPELLANT 2. )*'( / THE RESPONDENT 3. 5 6 7 / THE CIT(A) 4. 8 5 / THE PR. CIT 5. 6. 29:)- / DR, ITAT, DELHI :&;4 GUARD FILE. / BY ORDER , *2-)- // TRUE COPY // =>? , ASSISTANT REGISTRAR, ITAT, DELHI