Appeal Details
Counselvise Citation
[2023] 140 COUNSELVISE.COM (IT) 121416 (ITAT-DELHI)
Assessee PAN
Bench
Appeal Number
CRN Number
Duration Of Justice
6 year(s) 4 month(s) 5 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
09-03-2023
Appeal Filed By
Department
Order Result
Dismissed
Bench Allotted
I
Next Hearing Date
12-12-2022
Assessment Year
2005-2006
Appeal Filed On
03-11-2016
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘I’, NEW DELHI Before Dr. B. R. R. Kumar, Accountant Member Sh. Yogesh Kumar US, Judicial Member ITA No. 5678/Del/2016 : Asstt. Year : 2005-06 DCIT(LTU), Circle-1, New Delhi-110017 Vs M/s Whirlpool of India Ltd., Plot No. 40, Whirlpool House, Sector-44, Gurgaon-122002 (APPELLANT) (RESPONDENT) PAN No. AAACW1336L Assessee by : Sh. Neeraj Jain, Adv. Revenue by : Sh. Mirnal Kumar Das, Sr. DR Date of Hearing: 13.12.2022 Date of Pronouncement: 10.03.2023 ORDER Per Dr. B. R. R. Kumar, Accountant Member: The present appeal has been filed by the Revenue against the order of the ld. CIT(A)-22, New Delhi dated 01.08.2016. 2. Vide order dated 11.10.2022 in ITA No. 5338/Del/2013 and ITA No. 5472/Del/2013 for the A.Y. 2015-16, the Co-ordinate Bench of ITAT set aside the quantum issue to the file of the Assessing Officer for benchmarking the International transaction separately, segment wise with suitable comparables and decide the issue afresh. Hence, no penalty can be leviable at this juncture. The AO is at liberty to initiate the penalty proceedings on conclusion of the assessment as directed by the Tribunal in the order dated 11.10.2022. ITA No. 5678/Del/2016 Whirlpool of India Ltd. 2 3. In the result, the appeal of the Revenue is dismissed. Order Pronounced in the Open Court on 10/03/2023. Sd/- Sd/- (Yogesh Kumar US) (Dr. B. R. R. Kumar) Judicial Member Accountant Member Dated: 10/03/2023 *Subodh Kumar, Sr. PS* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR
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