Karl Storz Endoscopy India Pvt. Ltd., New Delhi V. ITO, New Delhi

ITA 4063/DEL/2016

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 1471 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 4 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-12-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2008-2009
• Appeal Filed On: 18-07-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SUBHAKANT SAHU
• Keywords: Transfer pricing

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES I-1 : DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI B.R.R. KUMAR, ACCOUNTANT MEMBER ITA.NO.4063/DEL./2016 ASSESSMENT YEAR 2008-2009 M/S. KARL STORZ ENDOSCOPY INDIA PVT. LTD., D-181, OKHLA INDUSTRIAL AREA, PHASE-1, NEW DELHI 110 020. PAN AAACK4816D VS THE INCOME TAX OFFICER, WARD 5 (2), NEW DELHI. (APPELLANT) (RESPONDENT) FOR ASSESSEE : - NONE - FOR REVENUE : SHRI SUBHA KANT SAHU, SR. D.R. DATE OF HEARING : 16 . 12 .2019 DATE OF PRONOUNCEMENT : 16 .1 2 .2019 ORDER PER BHAVNESH SAINI, J.M. THIS APPEAL BY ASSESSEE HAS BEEN DIRECTED AGAINST THE ORDER OF THE LD. CIT(A)-44, NEW DELHI, DATED 07.03.2016, FOR THE A.Y. 2008-2009. 2. IN THE PRESENT APPEAL, THE ASSESSEE HAS RAISED EIGHT EFFECTIVE GROUNDS OF APPEAL AND MAINLY CHALLENGING THE 2 ITA.NO.4063/DEL./2016 M/S. KARL STORZ ENDOSCOPY INDIA PVT. LTD., NEW DELHI. ORDERS OF AO/TPO/CIT(A) IN REJECTING THE TRANSFER PRICING ANALYSIS UNDERTAKEN BY THE ASSESSEE-COMPANY AND REJECTING ALL COMPARABLES SELECTED BY THE ASSESSEE ON UNJUSTIFIABLE GROUNDS. 3. IN THIS CASE INITIALLY DEFECTS IN THE APPEAL PAPERS WERE INTIMATED TO ASSESSEE WHICH HAVE BEEN RECTIFIED BY COUNSEL FOR ASSESSEE. THEREAFTER, THE APPEAL WAS POSTED FOR HEARING MANY TIMES AND NOTICES HAVE BEEN ISSUED TO THE ASSESSEE, BUT, NONE APPEARED ON BEHALF OF THE ASSESSEE. FOR THE LAST TWO DATES OF HEARING, THE ASSESSEE HAS BEEN NOTIFIED THE DATE OF HEARING THROUGH REGISTERED POST. THE POSTAL AUTHORITIES RETURNED THE REGISTERED COVER CONTAINING THE NOTICE WITH THE REMARKS LEFT. THERE IS NO OTHER ADDRESS PROVIDED BY THE ASSESSEE-COMPANY FOR THE PURPOSE OF SERVICE OF NOTICE UPON THE ASSESSEE-COMPANY. 4. THE LD. D.R, THEREFORE, SUBMITTED THAT ASSESSEE- COMPANY HAS NO CASE FOR INTERFERENCE. THEREFORE, APPEAL OF ASSESSEE-COMPANY MAY BE DISMISSED AS IT IS NOT IN A POSITION TO CONTRADICT THE ORDERS OF THE AUTHORITIES BELOW. 3 ITA.NO.4063/DEL./2016 M/S. KARL STORZ ENDOSCOPY INDIA PVT. LTD., NEW DELHI. 5. CONSIDERING THE ABOVE FACTS, IT IS CLEAR THAT ASSESSEE-COMPANY HAS NOT PROVIDED ANY OTHER ADDRESS FOR THE PURPOSE OF SERVICE OF NOTICE. WHATEVER NOTICES WERE SENT TO THE ASSESSEE-COMPANY INCLUDING THE DATE OF HEARING TODAY, THE NOTICES WERE RETURNED BY THE POSTAL AUTHORITIES WITH THE REMARKS LEFT. NO OTHER ADDRESS HAVE BEEN PROVIDED BY THE ASSESSEE-COMPANY FOR THE PURPOSE OF SERVICE OF NOTICE. THE ASSESSEE-COMPANY, THUS, HAS FAILED TO CONTRADICT THE ORDERS OF THE AUTHORITIES BELOW AS PER THE ISSUES RAISED IN THE GROUNDS OF APPEAL. THEREFORE, APPEAL OF ASSESSEE-COMPANY HAS NO MERIT AND THE SAME IS LIABLE TO BE DISMISSED AT THIS STAGE. APPEAL BE CONSIGNED TO RECORD. APPEAL OF THE ASSESSEE-COMPANY IS DISMISSED. HOWEVER, ASSESSEE-COMPANY IS AT LIBERTY TO FURNISH FRESH ADDRESS AND COULD MOVE AN APPLICATION FOR RECTIFICATION OF THE ORDER. 6. IN THE RESULT, APPEAL OF THE ASSESSEE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (B.R.R. KUMAR) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DELHI, DATED 16 TH DECEMBER, 2019 VBP/- 4 ITA.NO.4063/DEL./2016 M/S. KARL STORZ ENDOSCOPY INDIA PVT. LTD., NEW DELHI. COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. CIT(A) CONCERNED 4. CIT CONCERNED 5. D.R. ITAT I - 1 BENCH 6. GUARD FILE // BY ORDER // ASST. REGISTRAR : ITAT DELHI BENCHES : DELHI.