SHANGHAI ELECTRIC GROUP CO. LTD., NOIDA V. DCIT, CIRCLE- 3(1)(2), INTERNATIONAL TAXATION, NEW DELHI

ITA 4164/DEL/2017

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 4306 (ITAT-DELHI)
• Duration Of Justice: 2 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-09-2017
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: I
• Assessment Year: 2014-2015
• Appeal Filed On: 23-06-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Assessee Lawyers: HARPREET AJMAN S
• Keywords: Application of stay; Permanent establishment
• Section: 143(3); 234B

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : B : NEW DELHI BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND MS SUCHITRA KAMBLE, JUDICIAL MEMBER ITA NO.4164/DEL/2017 ASSESSMENT YEAR : 2014-15 STAY APPLICATION NO.355/DEL/2017 (ITA NO.4164/DEL/2017) ASSESSMENT YEAR : 2014-15 SHANGHAI ELECTRIC GROUP CO. LTD., C/O M/S SRBC & ASSOCIATES LLP, 4 TH AND 5 TH FLOOR, PLOT NO.28, TOWER-2, SECTOR 126, NOIDA - 201304 PAN : AAPCS1357N VS. DCIT, CIRCLE 3(1)(2), INTERNATIONAL TAXATION, NEW DELHI. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI DEEPAK CHOPRA & SHRI HARPREET AJMAN, , ADVOCATES DEPARTMENT BY : SHRI ATIQ AHMAD SR. DR DATE OF HEARING : 15.09.2017 DATE OF PRONOUNCEMENT : 15.09.2017 ITA NO.4164/DEL/2017 STAY APPLN NO.355/DEL/2017 2 ORDER PER R.S. SYAL, VP: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST TH E FINAL ASSESSMENT ORDER DATED 26.05.2017 PASSED BY THE ASSESSING OFFI CER U/S 143(3) READ WITH SECTION 144C OF THE INCOME-TAX ACT, 1961 (HERE INAFTER ALSO CALLED THE ACT) IN RELATION TO THE ASSESSMENT YEAR 2014- 15. 2. WE HAVE HEARD BOTH THE SIDES AND PERUSED THE REL EVANT MATERIAL ON RECORD. THE ASSESSEE IN THE INSTSANT APPEAL IS AGG RIEVED AGAINST THE REJECTION OF CLAIM U/S 44BB OF THE ACT/ALLEGATION O F EXISTENCE OF FIXED PERMANENT ESTABLISHMENT; TAXABILITY OF OFFSHORE SU PPLY; AND CHARGEABILITY OF INTEREST U/S 234B OF THE ACT. IT I S NOTICED, AS HAS ALSO BEEN ADMITTED BY BOTH THE SIDES, THAT SIMILAR ISSU ES WERE RAISED IN THE APPEALS FILED BY THE ASSESSEE FOR THE ASSESSMENT YE ARS 2007-08 TO 2013- 14. THE TRIBUNAL, VIDE ITS ORDER DATED 14.07.2017 I N ITA NOS.224/DEL/2014 ETC., HAS DISMISSED ALL THE GROUN DS RAISED BY THE ASSESSEE EXCEPT FOR THE LEVY OF INTEREST U/S 234B. THE LD. AR FAIRLY CONCEDED THAT THE FACTS AND CIRCUMSTANCES OF THE IN STANT APPEAL ARE, MUTATIS MUTANDIS , SIMILAR TO THOSE OF THE EARLIER DISPOSED OF BY TH E ITA NO.4164/DEL/2017 STAY APPLN NO.355/DEL/2017 3 BENCH. RESPECTFULLY FOLLOWING THE PRECEDENT, WE DI SMISS ALL THE GROUNDS TAKEN BY THE ASSESSEE EXCEPT THE GROUND NO.5 RELATI NG TO LEVY OF INTEREST U/S 234B, WHICH IS HEREBY ALLOWED. 3. IN VIEW OF OUR ABOVE DISPOSAL OF THE APPEAL ITSE LF, THE STAY APPLICATION HAS BECOME INFRUCTUOUS AND THE SAME IS, ACCORDINGLY, DISMISSED. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS PAR TLY ALLOWED AND THE STAY APPLICATION IS DISMISSED. THE ORDER PRONOUNCED IN THE OPEN COURT ON 15.09.201 7. SD/- SD/- [SUCHITRA KAMBLE] [R.S. SYAL] JUDICIAL MEMBER VICE PRESIDENT DATED, 15 TH SEPTEMBER, 2017. DK COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT AR, ITAT, NEW DELHI.