DCIT, Central Circle-1(2), Hyd, Hyderabad V. Aurobindo Pharma Ltd., Hyd, Hyderabad

ITA 865/Hyd/2016

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 8185 (ITAT-HYDERABAD)
• Duration Of Justice: 5 year(s) 5 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-11-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB-A
• Assessment Year: 2009-2010
• Appeal Filed On: 06-06-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: BALA KRISHNA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES “A” : HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER I.T.A. No. 865/HYD/2016 Assessment Year: 2009-10 Deputy Commissioner of Income Tax, Central Circle-1(2), HYDERABAD Vs M/s.Aurobindo Pharma Ltd., HYDERABAD [PAN: AABCA7366H] (Appellant) (Respondent) For Revenue : Shri Balakrishna, CIT-DR For Assessee : Shri P.V.S.S.Prasad, AR Date of Hearing : 08-09-2021 Date of Pronouncement : 18-11-2021 O R D E R PER S.S.GODARA, J.M. : This Revenue’s appeal for AY.2009-10 arises against the DCIT, Central Circle-1(2), Hyderabad’s assessment dated 19-04-2016 framed in furtherance to the Dispute Resolution Panel (‘DRP’)-1, Bengaluru’s directions dt.12-11-2015 in F.No.343 / DRP-BNG / 2015-16, involving proceedings u/s.143(3) r.w.s.153A r.w.s.144C(13) of the Income Tax Act, 1961 [in short, ‘the Act’]. Heard both the parties. Case file perused. 2. The Revenue’s substantive grievance raised in the instant lis seeks to exclude its freight charges not only from export but also from total turnover; is no more res integra as per the ITA No.865/Hyd/2016 :- 2 -: tribunal’s common order in AYs.2004-05, 2007-08 to 2009-10 involving this taxpayer itself decided on 15-12-2017 in the very terms against the department. We further note that the hon'ble apex court has also settled the issue in Addl.CIT Vs. HCL Technologies Ltd., (2018) 404 ITR 719 (SC) followed by the CBDT circular No.4/2018 setting it to rest in clarifying that such charges are to be excluded from both export as well as total turnover. We thus find no merit in the Revenue’s instant sole substantive grievance. No other ground has been pressed before us. 3. This Revenue’s appeal is dismissed in above terms. Order pronounced in the open court on 18 th November, 2021 Sd/- Sd/- (LAXMI PRASAD SAHU) (S.S.GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER Hyderabad, Dated: 18-11-2021 TNMM ITA No.865/Hyd/2016 :- 3 -: Copy to : 1.Deputy Commissioner of Income Tax, Central Circle-1(2), Hyderabad. 2.M/s.Aurobindo Pharma Ltd., Water Mark Building, Plot No.11, Survey No.9, Hitech City, Kondapur, Hyderabad. 3.Dispute Resolution Panel (DRP)-1, Bengaluru. 4.Director of Income Tax (IT & TP), Hyderabad. 5.Addl. Commissioner of Income Tax (Transfer Pricing), Hyderabad. 6.D.R. ITAT, Hyderabad. 7. Guard File.