HONEYWELL TURBO TECHNOLOGIES (I) P. LTD.,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX,

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ITA 378/PUN/2014Status: DisposedITAT Pune24 July 2019AY 2009-103 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal corrected paragraph 10 of its earlier order. The corrected paragraph remits an issue regarding the applicability of Advance Pricing Agreements (APAs) back to the Assessing Officer for examination.

What were the facts?

This is a corrigendum to a previous order of the Income Tax Appellate Tribunal (ITAT) concerning assessment year 2009-10. An error was identified in paragraph 10 of the original order.

What were the issues?

The primary issue addressed by the corrigendum is the correction of a procedural error in a previous ITAT order concerning the applicability of APAs.

Which sections of the Income-tax Act were involved?

Not explicitly mentioned in the corrigendum, but the context implies issues related to tax assessment and potentially transfer pricing.

AI-generated summary — verify with the full judgment below

Heard together (3 matters)

ITA No.377/PUN/2014
ITA No.378/PUN/2014
ITA No.359/PUN/2013

Read from the judgment's own cause title. This page is filed under one of them.

PER SUSHMA CHOWLA, JM:

We find that an error has crept in para 10 of the order of Tribunal dated 24.06.2019. Hence, this Corrigendum is being issued.

2.

The earlier para 10 was as under:- “10. On perusal of record and the order of Tribunal in assessee’s own case for assessment year 2008-09, we find that in ITA No.359/PUN/2013 vide order dated 02.11.2018, the issue has been deliberated upon in paras 4 to 6 and reference is being made to the same, but is not being reproduced for the sake of brevity. Following the same parity of reasoning, we remit this issue back to the file of Assessing Officer to examine the facts and decide the issue of applicability of APAs to assessee’s case for the year under consideration in principle. The grounds of appeal No.2 and 3 and additional ground of appeal No.17 are thus, allowed for statistical purposes.”

3.

The revised para 10 shall read as under:-

“10. On perusal of record and the order of Tribunal in Honeywell Automation India Ltd. for assessment year 2008-09, we find that in ITA No.359/PUN/2013 vide order dated 02.11.2018, the issue has been deliberated upon in paras 4 to 6 and reference is being made to the same, but is not being reproduced for the sake of brevity. Following the same parity of reasoning, we remit this issue back to the file of

Corrigendum in 3 ITA Nos.377 & 378/PUN/2014

Assessing Officer to examine the facts and decide the issue of applicability of APAs to assessee’s case for the year under consideration in principle. The grounds of appeal No.2 and 3 and additional ground of appeal No.17 are thus, allowed for statistical purposes.”

The remaining order shall remain unchanged.

Sd/- Sd/- (D.KARUNAKARA RAO) (SUSHMA CHOWLA) ऱेखा सदस्य / ACCOUNTANT MEMBER न्याययक सदस्य / JUDICIAL MEMBER ऩुणे / Pune; ददनाांक Dated : 24th July, 2019. GCVSR आदेश की प्रयिलऱपप अग्रेपषि/Copy of the Order is forwarded to : The Appellant; 1. The Respondent; 2. The DRP, Pune; 3. The concerned CIT, Pune; 4. The DR ‘A’, ITAT, Pune; 5. Guard file. 6. आदेशािुसार/ BY ORDER, सत्यापऩत प्रतत //True Copy// वरिष्ठ तनजी सचिव / Sr. Private Secretary आयकि अऩीलीय अचधकिण ,ऩुणे/ ITAT, Pune

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