Michelin India Technology Center LLP, Gurgaon V. ACIT Circle-1, Faridabad

MA 152/DEL/2022

• Counselvise Citation: [2024] 100 COUNSELVISE.COM (IT) 4188 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 6 month(s) 27 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 23-01-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: I2
• Next Hearing Date: 11-01-2024
• Assessment Year: 2015-2016
• Appeal Filed On: 26-06-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: VIYUSTI RAWAT

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘I-2’, NEW DELHI Before Shri Challa Nagendra Prasad, Judicial Member Dr. B. R. R. Kumar, Accountant Member MA No. 152/Del/2022 Arising In ITA No. 9247/Del/2019 Asstt. Year: 2015-16 M/s Michelin India Technology Centre Pvt. Ltd., (Converted from Michelin India Technology Centre LLP) 3 rd Floor, Orchid Business Park, Sohna Road, Gurgaon 122 002 Vs The ACIT, Circle-1, Faridabad 121 001 (ASSESSEE) (RESPONDENT) PAN No. AANCM 1453 H (Old PAN No.) AAXFM 5559 P Assessee by : Ms. Viyusti Rawat, Adv. Revenue by : Sh. Vivek Vardhan, Sr. DR Date of Hearing: 12.01.2024 Date of Pronouncement: 24.01.2024 ORDER Per Dr. B. R. R. Kumar:- Heard the arguments of both the parties and perused the material available on record. 2. At para no. 6, at page no. 7 after WB Architects the word “ABRD Architects” is being inserted. 3. Earlier para no.6 read as under:- 6. Having indisputably found that all the costs have been reimbursed with mark-up by the head quarter and duly considered as revenue receipt of the Assessee in the P&L account, we hold that treating the other MA No. 152/Del/2022 Michelin India Technology Centre LLP 2 expenditure incurred/paid to HOK International, OBR, PTK Architects, RKD Studios, WB Architects and fees paid to conversion of land use (CLU) as capital expenditure cannot be held to be legally tenable. 4. The said para now read as under:- 6. Having indisputably found that all the costs have been reimbursed with mark-up by the head quarter and duly considered as revenue receipt of the Assessee in the P&L account, we hold that treating the other expenditure incurred/paid to HOK International, OBR, PTK Architects, RKD Studios, WB Architects, ABRD Architects and fees paid to conversion of land use (CLU) as capital expenditure cannot be held to be legally tenable. 5. In the result, the miscellaneous application of the assessee is allowed. Order Pronounced in the Open Court on 24/01/2024. Sd/- Sd/- (C.N Prasad) (Dr. B. R. R. Kumar) Judicial Member Accountant Member Dated: 24/01/2024 *NV, Sr. PS* Copy forwarded to: 1. Assessee 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, DELHI