PR. COMMISSIONER OF INCOME TAX-1 vs. M/S EXPEDITORS INTERNATIONAL (INDIA) PVT. LTD.

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ITA - 698 / 2023HC Delhi19 December 20232 pages
For Petitioner: SANJAY KUMAR
AI SummaryDismissed

What did the High Court hold?

The High Court noted that one of the proposed questions of law was covered by a previous judgment. Consequently, no substantial question of law arose for consideration regarding that specific issue.

What were the facts?

The Revenue appealed the ITAT's decision to delete adjustments related to royalty and the admission of additional evidence without giving the AO/TPO an opportunity to respond. A specific issue regarding Global Account Manager Expenses and lease line expenses was also raised.

What were the issues?

Whether the ITAT erred in upholding the deletion of royalty adjustments and in admitting additional evidence without proper opportunity for the AO/TPO. Whether the disallowance of Global Account Manager Expenses and lease line expenses was justified.

Which sections of the Income-tax Act were involved?

Section 40(a)(i)

AI-generated summary — verify with the full judgment below

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 698/2023

PR. COMMISSIONER OF INCOME TAX-1 ..... Appellant Through: Mr Sanjay Kumar, Sr Standing Counsel with Ms Hemlata Rawat, Standing Counsel.

versus

M/S EXPEDITORS INTERNATIONAL (INDIA) PVT. LTD.

..... Respondent Through: Mr Deepak Chopra with Mr Rohan Khare and Mr Priyam Bhatnagar, Advs.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

HON'BLE MR. JUSTICE GIRISH KATHPALIA

O R D E R %

19.12.2023

[Physical Hearing/Hybrid Hearing (as per request)]

1.

We have heard learned counsel for the parties. The following questions of law arise for consideration by the Court. (a) Whether the the Income Tax Appellate Tribunal [in short, “Tribunal”] misdirected itself in law and on facts in upholding the deletion of adjustments directed by the Commissioner of Income Tax (Appeals) [in short, “CIT(A)”] vis-à-vis royalty? (b) Whether the Tribunal misdirected in law and on facts in not appreciating that the CIT(A), while admitting additional evidence, had not given an opportunity to the Assessing Officer/Transfer Pricing Officer to deal with the matter placed on record? ITA 698/2023

1/2 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2026 at 15:20:08

2.

We may also note that insofar as the proposed question (E) is concerned, Mr Sanjay Kumar, learned senior standing counsel, who appears on behalf of the appellant/assessee, says that the same is covered against the appellant/revenue via the judgment dated 16.12.2011 rendered in ITA 1088/2011, titled Commissioner of Income Tax vs. M/s Expeditors International (India) Pvt. Ltd. 2011:DHC:6479-DB, by the coordinate Bench . The proposed question (E) is set forth hereafter: “E. Whether on the facts and under circumstances of the case and in law, the Hon'ble ITAT is justified in upholding the order of CIT(A) is deleting the disallowance of Global Account Manager Expenses and lease line expenses paid without deleting tax in view of section 40(a)(i) of Income Tax Act?”

3.

Thus, no substantial question of law arises, insofar as the aforesaid proposed question of law is concerned. 4. List the matter on 23.02.2024.

RAJIV SHAKDHER, J

GIRISH KATHPALIA, J DECEMBER 19, 2023/pmc

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ITA 698/2023

2/2

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2026 at 15:20:08

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