RAYTHEON COMPANY, GURGAON V. DCIT, CIRCLE- 3(1)(1), INTL. TAXATION, NEW DELHI

ITA 4053/DEL/2019

AI Insights

This case involves an appeal by Raytheon Company against the order of the Commissioner of Income-Tax (Appeals)-43, New Delhi, for the assessment year 2013-14. The primary issues in the appeal were related to the existence of a Permanent Establishment (PE) and the taxability of business profits attributable to the PE. These issues were settled under the Mutual Agreement Procedure (MAP), leading to the withdrawal of these grounds. The only remaining issue was the levy of interest under Section 234B of the Income-Tax Act, 1961, which was also withdrawn by the appellant during the hearing.

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 300647 (ITAT-DELHI)
• Duration Of Justice: 1788 year(s) 10 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-11-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 30-11-2022
• Assessment Year: misc
• Appeal Filed On: 05-01-0234
• Laws Referred To: Income-Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: AKSHAY UPPAL
• Section: 234B

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘D’ NEW DELHI BEFORE SHRI G.S. PANNU, PRESIDENT AND SHRI SAKTIJIT DEY, JUDICIAL MEMBER ITA No.4053/Del/2019 Assessment Year: 2013-14 Raytheon Company, C/o. Authorised Representative SRBC & Associates LLP, 5 th Floor, Plot No.28, Tower-2, Sector 126, Gautam Budh Nagarm, NOIDA-201 304, UP, India Vs. DCIT, Circle-13(1)(1), INTL. Taxation, New Delhi. PAN :AADCR3511P (Appellant) (Respondent) ORDER PER SAKTIJIT DEY, JUDICIAL MEMBER: This is an appeal by the assessee against order dated 15.02.2019 of learned Commissioner of Income-Tax(Appeals)-43, New Delhi for the assessment year 2013-14. 2. We have heard Shri Akshay Uppal, learned counsel appearing for the assessee and Shri Gangadhar Panda, learned CIT-DR. Assessee by Shri Akshay Uppal, Adv. Respondent by Shri Gangadhar Panda, Sr. DR Date of hearing 01.12.2022 Date of pronouncement 01.12.2022 2 ITA No.4053/Del/2019 3. As could be seen from the order dated 26.08.2022, ground nos. 1 to 28 relating to the issue of existence of Permanent Establishment (PE) and taxability of business profits attributable to the PE, on assessee’s request, were dismissed as withdrawn in view of the fact that the issues were settled under Mutual Agreement Procedure (MAP). 4. As regards the only other surviving ground being ground no.29 relating to levy of interest under Section 234B of the Income-Tax Act, 1961, at the time of hearing, learned counsel appearing for the assessee submitted that while giving effect to MAP, the Assessing Officer has not charged any interest under Section 234B of the Act. Therefore, on instructions, he sought permission to withdraw ground no.29, as well. 5. Considering the above, ground no.29 is dismissed as not pressed. 6. In the result, the appeal is dismissed as withdrawn. Order pronounced in the open court on Ist December, 2022. Sd/- sd/- (G.S. PANNU ) (SAKTIJIT DEY) PRESIDENT JUDICIAL MEMBER Dated: Ist December, 2022. Mohan Lal 3 ITA No.4053/Del/2019 Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi Sl. No. Particulars Date 1. Date of dictation (Order drafted through Dragon software): 01.12.2022 2. Date on which the draft of order is placed before the Dictating Member: 01.12.2022 3. Date on which the draft of order is placed before the other Member: 01.12.2022 4. Date on which the approved draft of order comes to the Sr. PS/PS: 01.12.2022 5. Date of which the fair order is placed before the Dictating Member for pronouncement: 01.12.2022 6. Date on which the final order received after having been singed/pronounced by the Members: 01.12.2022 7. Date on which the final order is uploaded on the website of ITAT: 01.12.2022 8. Date on which the file goes to the Bench Clerk 01.12.2022 9. Date on which files goes to the Head Clerk: 10. Date on which file goes to the Assistant Registrar for signature on the order: 11. Date of dispatch of order: