Triton Holdings Ltd., New Delhi V. DCIT (International Taxation), Dehradun

ITA 622/DEL/2016

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 3667 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 11 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-01-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2011-2012
• Appeal Filed On: 05-02-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: G K DHALL
• Assessee Lawyers: VISHAL MISRA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: E: NEW DELHI BEFORE SHRI G.D. AGRAWAL, HONBLE PRESIDENT AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER ITA NO. 622/DEL /2016 ASSESSMENT YEAR: 2011-12 TRITON HOLDING LIMITED, C/O NANGIA & COMPANY, SUITE 4A, PLAZA M- 6, OFFICE, SUBHASH ROAD, JASOLA, NEW DELHI- 110025 VS DY.COMMISSIONER OF INCOME TAX, (INTERNATIONAL TAXATION), CIRCLE-2, DEHRADUN. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI VISHAL MISRA, CA RESPONDENT BY : SHRI G.K. DH ALL, CIT DR DATE OF HEARING: 29.01.2018 DATE OF PRONOUNCEMENT : 31.01.2018 ORDER PER SUDHANSHU SRIVASTAVA, J.M. THIS APPEAL HAS BEEN PREFERRED BY THE ASSESSEE AGAI NST THE FINAL ASSESSMENT ORDER DATED 28.12.2015. THE APPEA L PERTAINS TO ASSESSMENT YEAR 2011-12. THE SOLE GROUND BEFORE US READS AS UNDER:- 1. ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD. AO/DRP HAS ERRED ON FACTS AND IN LAW IN HOLDING THAT THE AMOUNTS AGGREGATING TO INR 88,114,739/- RECEIVED BY THE APPELLANT FROM ITS CUSTOMERS AS REIMBURSEMENT OF ACTUAL EXPENSES(SUPPLY OF TOOLS AN D ITA NO. 622/DEL/2016 ASSESSMENT YEAR 2011-12 2 FUEL EXPENSES) INCURRED BY THE APPELLANT ON THEIR BEHALF, IS TO BE INCLUDED IN THE GROSS RECEIPTS U/S 44BB OF THE INCOME TAX ACT, 1961 (THE ACT). 2. AT THE OUTSET, THE LD. AR FAIRLY CONCEDED THAT T HIS GROUND RAISED BY THE ASSESSEE WAS SQUARELY COVERED IN FAVO UR OF THE REVENUE AND AGAINST THE ASSESSEE BY THE JUDGMENT OF THE HONBLE UTTARAKHAND HIGH COURT IN THE CASE OF CIT VS HALLIB URTON OFFSHORE SERVICES INC. (2008) 300 ITR 265 (UTTARAKH AND). THE LD. AR ALSO PLACED ON RECORD A COPY OF THE ORDER OF ITA T DELHI BENCH IN ASSESSEES OWN CASE FOR ASSESSMENT YEAR 2009-10 IN ITA NO. 502/DEL/2013 WHEREIN VIDE ORDER DATED 20.12.2013, I DENTICAL GROUND WAS DECIDED AGAINST THE ASSESSEE BY FOLLOWIN G THE JUDGMENT OF THE HONBLE UTTARAKHAND HIGH COURT IN T HE CASE OF CIT VS HALLIBURTON OFFSHORE SERVICES INC. (SUPRA). 3. LD. CIT DR DID NOT DISPUTE THE AVERMENTS OF THE LD. AR. 4. THEREFORE, ON CAREFUL CONSIDERATION OF THE FACTS OF THE CASE, WE HOLD THAT THE GROUND RAISED BY THE ASSESSEE IS S QUARELY COVERED IN FAVOUR OF THE REVENUE AND AGAINST THE AS SESSEE. ACCORDINGLY, GROUND NO. 1 IS DISMISSED BY RESPECTFU LLY FOLLOWING THE JUDGMENT OF HONBLE UTTARAKHAND HIGH COURT IN T HE CASE OF CIT VS HALLIBURTON OFFSHORE SERVICES INC. (SUPRA). ITA NO. 622/DEL/2016 ASSESSMENT YEAR 2011-12 3 5. IN THE FINAL RESULT, THE APPEAL OF THE ASSESSEE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 31 ST JANUARY, 2018. SD/- SD/- (G.D. AGRAWAL) (SUDHANSHU SRIVASTAVA) PRESIDENT JUDICIAL MEMBER DT. 31ST JANUARY 2018 GS COPY FORWARDED TO:- 1. APPELLANT 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR BY ORDER ASSTT. REGISTRAR