DCIT, New Delhi V. M/s. YKK India Pvt. Ltd., New Delhi

ITA 990/DEL/2014

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 5383 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 8 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-10-2018
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: I1
• Assessment Year: 2009-2010
• Appeal Filed On: 19-02-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANJAY I BARA
• Keywords: Transfer pricing; Opportunity of being heard; Bonafide belief; Additional evidence; Corroborative evidences

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI I - 1 BENCH, NEW DELHI BEFORE SHRI N.K. BILLAIYA , ACCOUNTANT MEMBER, AND MS. SUCHITRA KAMBLE , JUDICIAL MEMBER ITA NO. 5824 /D EL/201 5 [A.Y 20 07 - 08 ] ITA NO. 6357 /D EL/201 5 [A.Y 20 08 - 09 ] ITA NO. 1134/D EL/201 4 [A.Y 2009 - 10] ITA NO. 561/D EL/201 5 [A.Y 2010 - 11] YKK INDIA PVT LTD., VS. THE A . C . I . T, GLOBAL BUSINESS PARK , CIRCLE - 1 8 (1), MEHRAULI GROUND ROAD , NEW DELHI GURGAON. [ PAN: AAACY 0201 G ] ITA NO. 5955/D EL/201 5 [A.Y 2007 - 08] ITA NO. 990/D EL/201 4 [A.Y 2009 - 10] ITA NO. 122/D EL/201 5 [A.Y 2010 - 11] THE A. C . I .T VS. YKK INDIA PVT LTD., CIRCLE - 1 8 (1), GLOBAL BUSINESS PARK , NEW DELHI MEHRAULI GROUND ROAD , GURGAON. [PAN: AAACY 0201 G] [APPELLANT] [RESPONDENT] DATE OF HEARING : 1 8 . 1 0 .201 8 DATE OF PRONOUNCEMENT : 2 2 . 1 0.2018 ASSESSEE BY : S HRI NAGESHWAR RAO, ADV REVENUE BY : SHRI SANJAY I BARA, CIT - DR 2 ORDER PER BENCH: - T H E ABOVE CAPTIONED APPEAL S BY THE ASSESSEE AND REVENUE ARE PREFERRED AGAINST SEPARATE ORDERS OF THE CIT(A) PERTAINING TO A.Y S 20 07 - 08, 2008 - 09, 2009 - 10 AND 2010 - 11 . SINCE COMMON ISSUES ARE INVOLVED IN ALL THESE APPEALS , THEY WERE HEARD TOGETHER AND ARE BEING DISPOSED OF BY THIS COMMON ORDER FOR THE SAKE OF CONVENIENCE AND BREVITY, THOUGH THE QUANTUM MAY DIFFER. 2. AT THE VERY OUTSET, TH E LD. AR REQUESTED FOR ADMISSION OF ADDITIONAL SUPPORTING EVIDENCES AS PER RULE 29 OF THE ITAT RULES. 3. THE LD. AR POINTED OUT THAT PAPER BOOK VOLUME IN A.Y 2008 - 09 EVIDENCE S RECEIPT OF SERVICES FROM THE ASSOCIATED ENTERPRISES [AES]. IT IS THE SAY OF TH E LD. AR THAT IN EARLIER A.YS., SIMILAR ISSUES WERE INVOLVED AND NO SUCH OBJECTION WAS RAISED OR DISALLOWANCE MADE BY THE ASSESSING OFFICER/TPO AND, THEREFORE, THE ASSESSEE WAS UNDER A BONAFIDE BELIEF THAT THESE DOCUMENTS WE RE NOT REQUIRED. 3 4. WE HAVE GIV EN THOUGHTFUL CONSIDERATION TO THE CONTENTIONS OF THE LD. AR AND HAVE CAREFULLY PERUSED THE ADDITIONAL EVIDENCES BROUGHT ON RECORD. IN OUR CONSIDERED OPINION, THESE ADDITIONAL EVIDENCES GO TO THE ROOT OF THE MATTER. WE, ACCORDINGLY, ADMIT THESE ADDITIONAL EVIDENCES. 5. SINCE WE HAVE ADMITTED ADDITIONAL EVIDENCES, IN THE INTEREST OF JUSTICE AND FAIR PLAY, WE RESTORE THE ENTIRE ISSUES TO THE FILE OF THE TPO FOR FRESH ADJUDICATION. THE ASSESSEE IS DIRECTED TO FILE THESE EVIDENCES BEFORE THE TPO AND THE TPO IS DIRECTED TO DECIDE THE ISSUES AFRESH AFTER CONSIDERING THE EVIDENCES SO FILED AND AFTER ALLOWING OPPORTUNITY OF BEING HEARD T O THE ASSESSEE. 6. IN THE RESULT, ALL THE APPEALS FILED BY THE ASSESSEE AND THE REVENUE ARE TREATED AS ALLOWED FOR STATISTICAL PURPOSES. THE ORDER IS PRON OUNCED IN THE OPEN COURT ON 2 2 . 1 0.2018. S D / - S D / - [ SUCHITRA KAMBLE ] [ N.K. BILLAIYA ] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 2 2 N D OCTOBER , 2018 VL/ 4 COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5 . DR ASST. REGISTRAR, ITAT, NEW DELHI DATE OF DICTATION DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS/PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.PS/PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER