ERICSSON INDIA GLOBAL SERVICES PVT LTD,NEW DELHI vs. ACIT SPL. RANGE 3, NEW DELHI

ITA 2367/DEL/2019Status: DisposedITAT Delhi12 March 2026AY 2013-14Bench: SHRI VIKAS AWASTHY (Judicial Member), SHRI BRAJESH KUMAR SINGH (Accountant Member)1 pages
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What did the Tribunal hold?

The Tribunal held that the levy of interest under Sections 234B and 234C of the Income Tax Act on additional income agreed upon as per an advance pricing agreement entered between the assessee and CBDT is illegal, following previous judgments.

What were the facts?

The assessee entered into an Advance Pricing Agreement (APA) and filed a modified return declaring additional income. The Assessing Officer charged interest under Sections 234B and 234C of the Income-tax Act on this additional income.

What were the issues?

Whether interest under Sections 234B and 234C is leviable on additional income offered under an Advance Pricing Agreement (APA) when the tax was paid on time.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 144C(3),Section 254(2),Section 234B,Section 234C,Section 92CD(1),Section 139,Section 208,Section 210,Section 209,Section 211

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Income Tax Appellate Tribunal, DELHI BENCH ‘D’, NEW DELHI

Before: SHRI VIKAS AWASTHY & SHRI BRAJESH KUMAR SINGH

For Appellant: Shri Paras S. Savla, Advocate
For Respondent: Shri M.S. Nethrapal, CIT-DR
Hearing: 15.12.2025Pronounced: 12.03.2026

PER VIKAS AWASTHY, JM: This appeal by the assessee is directed against the assessment order dated 24th January, 2017 passed under Section 143(13) read with Section 144C(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’), for the assessment year 2013-14. 2. This appeal is in second round before the Tribunal. This appeal was originally decided by the Tribunal vide Order dated 10th July, 2024. Thereafter, the assessee filed Miscellaneous Application i.e., M.A.

No.25/Del/2025 under Section 254(2) of the Act stating that the additional grounds of appeal raised by the assessee vide

The order continues below.

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