L& T HOCHTIEF SEABIRD JOINT VENURE,MUMBAI vs. DCIT 12(2), MUMBAI

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ITA 669/MUM/2010Status: DisposedITAT Mumbai15 February 2022AY 2006-074 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal agreed that the issue was identical to those pending before the High Court. Consequently, the appeal was set aside to the Assessing Officer to be decided in accordance with the final High Court decision.

What were the facts?

The assessee, a joint venture, appealed against disallowances of various fees and expense reimbursements paid to its members. The assessee invoked Section 158A of the Income Tax Act, stating identical issues were pending before the High Court for earlier assessment years.

What were the issues?

Whether the appeal should be blocked and decided based on the outcome of identical issues pending before the High Court.

Which sections of the Income-tax Act were involved?

Section 158A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “I” BENCH, MUMBAI

Before: SHRI PRASHANT MAHARISHI, AM & SHRI SANDEEP SINGH KARHAIL, JM

For Appellant: Ms. Heena Doshi, AR
For Respondent: Shri Milind S. Chavan, DR
Hearing: 08.02.2022Pronounced: 15.02.2022
1.

ITA number 669/M/2010 for assessment year 2006 – 07 is filed by L & T HOCTCTIEF seabird joint-venture against the order of the Commissioner of income tax appeals – 23, Mumbai dated 6/11/2009 raising following grounds of appeal:-

2. The disallowance made by the learned Assessing Officer of ₹4,26,914/- being H O expenses reimbursed to M/s. Larsen & Toubro Ltd.

3. The disallowance made by the learned Assessing Officer of ₹47,435/- being consortium leadership fees paid to M/s Hochtief A.G. Germany.

4. The disallowance made by the learned Assessing Officer of ₹94,870/- being technical leadership fees paid to M/s Hochtief A.G., Germany.

5. The disallowance made by the learned Assessing Officer of ₹94,870/- being construction management fees paid to M/s Hochtief A.G. Germany.

6. The disallowance made by the learned Assessing Officer of ₹47,435/- being, H O expenses reimbursed to M/s Hochtief A.G., Germany.

7. The disallowance made by the learned Assessing Officer of ₹68,17,413/- being reimbursement of expenses of Hochtief A.G. Germany.

8. The levy of interest under section 234B. The appellant denies its liability in respect of the same.”

Order pronounced in the open court on 15.02.2022.

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